Women’s March!

Dear Friends,

This week, I’m pulling together my contacts who’ve supported the Great March for Climate Action, Bold Iowa, and the Fallon Forum for one urgent message:

SUPPORT THE WOMEN’S MARCH THIS WEEKEND!

What’s been happening across America this past year is incredible and historic.

This part is frightening:

The oligarchy of political and corporate elites who oppose justice, equality, peace and our environment are enacting policies that erode the very foundations of our democracy.

The other part is encouraging and essential:

Pushback from a growing coalition of average Americans committed to fighting for our rights, liberties, and planet continues to swell.

Every week, there are more events, rallies and calls-to-action than I have ever seen in my three decades of activism. Thanks to all of you who participate.

It’s hard to tell when you’re in the middle of the storm, but you are changing history. You are blocking tanks even more threatening than the ones blocked by “Tank Man” in Tiananman Square in 1989.

That’s how much is at stake!

That’s how important your involvement is at this time!

This weekend pulls all of our concerns together under one banner, highlighting the growing power of women’s voices in our fight. Your voice is needed this weekend! Come stand with hundreds and thousands of others at the Women’s March in your city or state. I’ll be in Des Moines, and hope to see some of you there.

Women’s March events across America

Marches in (or near) Iowa:
Des Moines
Iowa City
Quad Cities
Decorah
Dubuque
Lamoni
Omaha, NE
Sioux Falls, SD

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Check out this week’s Fallon Forum (above) featuring one of Iowa’s promising young women leaders, Ashley Vanorny, recently elected to the Cedar Rapids City Council. Also, Charles Goldman and I cover the previous week’s policy and political highlights, including the fury over Michael Wolff’s “Fire and Fury,” the insanity of Hawaii’s ballistic missile alert, and (because we can’t help ourselves) the NFL playoffs.

Thanks!

Ed

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A New Year, A New Bold

Dear Friends,

Things may appear the same on the surface, but Bold Iowa is a markedly different organization than it was last year. Regrettably, the story is filled with broken promises. Bold Iowa’s supporters deserve to know what happened. So here goes.

In 2014, Bold Nebraska’s Jane Kleeb and I worked together when the Great March for Climate Action crossed Nebraska. In 2015, Jane joined me for a portion of the Pipeline Walk across Iowa. She approached me about expanding Bold here, and in March of 2016, Iowa became the first of four states to join the Bold Alliance.

Launching Bold Iowa together made so much sense. With my deep network of contacts built during three decades of political action, we jump-started Bold Iowa quickly. Jane’s connection to national funders landed a significant annual commitment to Iowa for five years. In return, the funders asked for a five-year commitment from me. I recall the funny conversation with Jane that sealed the deal. She asked if I could commit or if I was on the verge of becoming a full-time chicken farmer instead.

Our work went incredibly well. Bold Iowa received extensive state and national media coverage as we helped lead the fight against the Dakota Access pipeline. By the end of the first year, we’d grown the Bold Iowa Facebook page to over 9,000 and built a strong grassroots donor base. Jane and I talked nearly every day, and the rapport among our core team was positive and upbeat.

The turning point came when Jane called me in November of 2016 to tell me she was thinking of running for chair of the Nebraska Democratic Party. She asked my opinion, and I told her candidly that I felt noone could direct a growing, multi-state, grassroots organization and run a state political party.

Jane ran for chair, won, and almost immediately our regular communication stopped. In mid-April of 2017, she called to tell me she was disbanding the network (she didn’t — only Iowa and Oklahoma got the ax), and Iowa’s last day as part of the Alliance was May 31. I was stunned. I asked her about the five-year commitment. She denied there had ever been such a commitment, even though our five-year plan is referenced multiple times in email exchanges.

This break-up would have been more manageable if Jane had allowed Iowa to keep the resources we’d developed: our Facebook page, email list, donor list, and website. Last May, she kept going back and forth on what, if anything, she would allow us to keep. In the end, she presented conditions that were impossible to accept and we were left with nothing.

After working for over a year to brand “Bold Iowa,” I wasn’t about to ditch what so many people had worked hard to create. So last June, I incorporated Bold Iowa with the Iowa Secretary of State, purchased a new domain name, and created a new website and Facebook page. The transition has been stressful, frustrating and slow.

I don’t mind being sued by fossil-fuel companies (twice in one year now), politicians, or others who put greed and power ahead of the common good. But it’s painful to be at odds with someone who’s on the same side of the fight. For three years, Jane and I had built a solid working relationship. I will always have great respect for her organizing skills. But what she did to Iowa is unconscionable. Worse, it’s counter-productive to the very goals and values she stands for.

I’ve thought long and hard about how to bring this matter to closure. I sought legal representation in Iowa and later in Nebraska. I wrote to Jane multiple times last month about why it was in our mutual interest to share the resources we developed. No response.

The bottom line is this: injustice — even if it’s an injustice committed by someone fighting for a just cause — must be challenged. Those of us struggling for a better world have to be brave enough to hold each other accountable.

So, if you want to be involved in rebuilding Bold Iowa, we could sure use your help. Visit our new Facebook page and website.

If you’d like to donate, use this link. (Some of you have tried to donate on the Bold Alliance site, but we’ll never see a penny of that.) With the all-important court case brought by landowners and the Sierra Club likely to come before the Iowa Supreme Court this spring, your involvement and support are needed now more than ever.

While we’re on the subject of calling out injustice even when it’s uncomfortable, check out the conversation on this week’s Fallon Forum (above) about workers getting sick at the TPI wind-blade factory in Newton. We absolutely need new power sources to move beyond fossil-fuels, but what’s happening with industrial wind raises grave concerns. Give the program a listen, let me know what you think, and please help me build our audience by subscribing to the Fallon Forum on iTunes or Stitcher.

Listen to the Fallon Forum live Mondays, 11:00-12:00 noon CT on La Reina KDLF 96.5 FM and 1260 AM (central Iowa).

Outside of central Iowa, listen here: FALLON FORUM LIVESTREAM AND PODCAST.

– Listen on other local affiliates:
– KHOI 89.1 FM (Ames, IA)
– KICI.LP 105.3 FM (Iowa City, IA)
– WHIV 102.3 FM (New Orleans, LA)
– KPIP-LP, 94.7 FM (Fayette, MO)

Thanks!

Ed Fallon

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Fleeing Irma

Dear Friends,

Sometimes I just wanna scream. (OK, sometimes I do, though never loud enough to wake the neighbors or chickens.)

HOW MUCH MORE EVIDENCE DO WE NEED!!? (Caps, bold, italics and underline intended)

Ed helping his daughter-in-law, grandson and son’s dog evacuate from South Florida.

Consistent with what climate scientists have forecast:

* Storms are getting stronger — never before have two Category 4 hurricanes hit the U.S. in the same year.

* Unprecedented wildfires continue to rage in ten Western states, with 21,000 firefighters working to contain them.

* Heck, there was even a large wildfire in Greenland this summer. Freaking Greenland!

* Last year surpassed 2015 as the hottest on record, and 14 of the 15 warmest years have occurred since 2000.

* Average global sea level reached a record high in 2016.

* And the cherry on the melting ice cream cake . . . “No surprise, global atmospheric CO2 concentration reached another record high in the official database, surpassing 402 ppm.” (AccuWeather’s Brett Anderson)

One could cite many more statistics. They add up to the undeniable reality that “climate change is rolling toward us like a freight train, mucking up our weather and our lives.” (Ed Fallon, “Get Your Lazy Ass Out of Bed.” Yeah, I just quoted myself. Awesome, hey?)

So one would think that if someone, say me, listened to hours and hours of radio news reports while driving 1,200 miles to help evacuate his daughter-in-law, grandson and son’s dog (who is more qualified to serve as the USDA’s Chief Scientist than Sam Clovis, just saying) from South Florida to safe haven in the North . . . you’d think I’d hear just one mention of the link between climate change and Hurricane Irma. But no. Not on CNN. Not on CBS. Not even on NPR.

Well, ok, one mainstream media outlet did mention climate change: Fox. Yup. A Fox News anchor interviewed a meteorologist about Hurricane Irma and asked if it was “just cyclical.” The meteorologist paused and said as politely as he could that, well, actually, there’s a lot more warm water in the Atlantic Ocean than there used be.

I hear it now: “Fallon, stop politicizing this terrible disaster. Just focus on saving lives and protecting property. You can have your climate rant after the waters recede and power is restored.”

Sorry, but that argument is B.S. The time to talk about the Irma-climate link is NOW — not after the media have moved on to the next hot item in the news cycle.

Discussing climate change isn’t politicizing the news (like that never happens). We’re talking science, not politics. Politics is when, for example, an elected official takes money from Energy Transfer Partners and then supports the Dakota Access pipeline, as a bipartisan cadre of Iowa political sell-outs did last year.

Ignoring the primary cause of this record-breaking hurricane is unreasonable, irresponsible and lets another teachable moment slip through our fingers as we free fall toward catastrophe.

CLIMATE CHANGE MUST BE PART OF THE CONVERSATION WITH EVERY UNPRECEDENTED METEOROLOGICAL MOMENT.

Help make that happen. One thing you can do is support Bold Iowa. Our funding comes from people like you who care deeply about the climate crisis and renewable energy, eminent domain abuse, money in politics and the embarrassing ineffectiveness of our political leadership. So, yeah, we’ve got our hands full. If you can convince just one of your hands to take a few minutes to make a donation of $25, $50 or $100, we’d be most grateful.

Also, here’s a link to last week’s action to encourage Gov. Reynolds to remove Richard Lozier from the Iowa Utilities Board, and . . .

. . . a link to my interview with Lee Camp regarding the Energy Transfer Partners lawsuit naming Bold Iowa and citing these very blogs. Thanks!

Ed

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National Call to #StopETP

Dear Friends,

I’m so excited about my new flock of chickens! Over the past two months, they’ve made solid progress toward becoming fully enrolled members of the Des Moines Society of Colorful Egg Layers. Like an overly protective parent, I worry about them when I leave town. But fortunately, I have two wonderful friends, Emily and Johanna, who mind them in my absence. (Emily, Johanna, in terms of chicken sitters, you’re the best!)

On the other end of the chicken-sitter spectrum is Mr. Fox. If my only option were to put Mr. Fox in charge of the coop, I’d come home to an empty nest.

Yeah, yeah, the fox-watching-the-henhouse metaphor has been squeezed to death — but it’s really the best way to describe former Gov. Branstad’s appointment of Richard Lozier to the Iowa Utilities Board (IUB).

Richard W. Lozier, Jr.

Lozier’s connection to Energy Transfer Partners (ETP) as the attorney for the MAIN Coalition tags him as Branstad’s fox sent to guard Iowa’s land, water and property rights. Lozier’s bias is so transparent that Branstad never should have appointed him.

Gov. Reynolds needs to do the right thing and remove Lozier from the IUB. The Iowa Code speaks strongly to this type of conflict, citing “gross partiality” in Chapter 66.26(3) as grounds for deposing someone like Lozier.

Earlier this summer, Indigenous Iowa and Bold Iowa began circulating a petition calling on Gov. Reynolds and the Executive Council of Iowa to remove Lozier from the IUB. Please take a minute to sign the petition and circulate it to your contacts.

Next Friday, September 8 at 11:00 a.m, Bold Iowa and its partners will deliver the petition to Gov. Reynolds, as part of the National Day of Action to Stop Energy Transfer PartnersWe’ll meet on the west steps of the State Capitol for a brief rally, then head inside. I’ve got a call in to Gov. Reynolds’ scheduler, and will keep you posted about that and other developments on our Facebook invite and Bold Iowa website.

Thanks to our partners in this effort, including Indigenous IowaIowa Citizens for Community Improvement and Bakken Pipeline Resistance Coalition. We hope to see you next Friday. Thanks!

Sign the petition here: http://fallonforum.com/petitions/

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Pipeline Fighter to File Appeal

Dear Friends,

Heather Pearson

Late yesterday afternoon, Heather Pearson was found guilty of trespass for her brave stand against the Dakota Access Pipeline last fall. Among the many hats she wears, Heather is Bold Iowa’s Director of Rabble Rousing and is never shy about leading songs or chants during rallies and marches.

Yesterday, seated with her attorney, Channing Dutton, in a courtroom in Rockwell City, Heather comported herself with dignity and clarity on the witness stand and talking with reporters after the verdict was read.

Here’s the press release sent out this morning by Bold Iowa and the Bakken Pipeline Resistance Coalition. Please share it with others, and let folks know that this pipeline fight is not over. Heather plans to appeal yesterday’s ruling, and three other pipeline fighters have cases coming up, all in Calhoun County. They are Kriss Wells, Emma Schmidt and Mahmud Fitil.

Press Conference at Heather’s trial

Over the lunch hour, a brief press conference was held in front of the Freedom Rock on the north side of the Courthouse. Click here to view video. Reporters from three local and regional papers — The Fort Dodge Messenger, The Storm Lake Times and The Calhoun County Graphic-Advocate — were at the trial for its entirety. Click here to read The Messenger article, and we’ll post the others as they’re available.

In terms of our options for justice, there’s also the lawsuit involving nine landowners and the Iowa Sierra Club, now before the Iowa Supreme Court. More on that soon.

So to those who say, “This fight is over,” today’s trial is more evidence that it’s not even close. – Ed

FOR IMMEDIATE RELEASE

8:00 a.m. CT, July 7, 2017
Contact: Ed Fallon, Bold Iowa, 515-238-6404, ed@fallonforum.com

Iowa Pipeline Fighter Found Guilty, Will File Appeal 
Ruling in Heather Pearson’s trial ignores justification defense

Rockwell City, IA — Heather Pearson, a resident of Logan, Iowa and a Dakota Access pipeline opponent who was arrested on October 29, 2016 during nonviolent direct action to stop construction of the Dakota Access pipeline on Shirley Gerjets’ property in Calhoun County, was found “guilty” yesterday in a jury trial. Gerjets, age 82 and a life-long farmer, remains an outspoken critic of the pipeline, which crosses her land and includes a valve station that permanently removes farm ground from production.

Channing Dutton

“The result today is difficult to understand,” said Channing Dutton, Pearson’s attorney. “We had a great client and an excellent judge. There is no way the prosecution proved its case. This is the power of a big corporation using local law enforcement to arrest good people whose only crime is their commitment to protect our climate future and stand up for landowner rights. We’ll soldier on. There will be another day.”

Pearson plans to appeal the decision. On the stand, Pearson stated, “Why should we have to put our air, our water, our land, and our climate at risk so some private company can get rich running oil through our farmland. They’re not only stealing our land, they’re putting everything we need to survive at risk.”

Shirley Gerjets

Landowner and farmer Shirley Gerjets took the stand and told how she did everything she could to stop Dakota Access from taking her land. “I kicked those Dakota Access surveyors off my land I don’t know how many times. It was sickening the day it started. Their pickups drove through my corn, then they chopped it all down, and then the bulldozers came and messed up the topsoil. This fight has cost me lots of money and many, many sleepless nights. An agronomist told me we’d never get the land back to the way it was. As far as I’m concerned, it’s this pipeline that’s trespassing, not Heather.”

Brenda Brink

“This court case illustrated how Iowans continue to stand together against an out-of-state corporate oil pipeline that risks our livelihoods, property rights, health and water,” said Brenda Brink of the Bakken Pipeline Resistance Coalition. “Another thing that’s become clear in this trial is how the pipeline company expected local law enforcement to do whatever it wanted, regardless of the costs or other needs of the community.”

“We’re deeply disappointed in the jury’s decision,” said Bold Iowa director, Ed Fallon. “Jurors got stuck on the side issue of trespass, ignoring the justification for Heather’s action. This pipeline impacts Iowa farmers, landowners and all people concerned about our land, water and climate. When our politicians fail us, as they have, civil resistance is the historically appropriate response.”

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NoDAPL Rally, Concert and Call to Action

Dear Friends –

I’m pumped about Saturday’s big event, spear-headed by Indigenous Iowa and highlighting the music of Gabriel Ayala. Gabriel may well be one of the most accomplished guitarists ever to perform at the Iowa State Capitol. Check out his music in the link I’ve included with this post. I guarantee you won’t want to miss Gabriel’s performance.

Saturday’s event is critical as we continue to push back against the power elite and demand justice in the fight against the Dakota Access pipeline. Click here to register your attendance and to learn about the three specific actions we’re asking pipeline fighters to focus on going forward.

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Another pipeline fighter goes to trial this week. Come stand with Heather Pearson in Rockwell City on Friday. The trial begins at 9:00 a.m. and we’ll hold a press conference over the noon hour on the courthouse steps. Heather (a.k.a. Bold Iowa’s Director of Rabble Rousing) played a key role in the development of the Bold Action Team tactics that were so successful at slowing down pipeline construction last fall.

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Participants in this spring’s Climate Justice Unity March continued the conversation with residents of Deep River last Thursday over a cookout in the park where we set-up camp the first night of the March.

The whole point of the March was to show that there’s unity across the political spectrum when it comes to climate solutions. Regardless of whether people agree on the causes of climate change, nearly everyone wants renewable energy and clean water. Many thanks to Darrin and Molly Ehret, Casey and Charlotte Pierce, Jack and Kim Higginbotham and all the other Deep River area folks who helped pull this together and continue to keep the conversation going.

Picture 1: Marchers mingle with locals at a cookout last week in Deep River.
Picture 2: Kelly Boon and Shelley Buffalo.
Picture 3: Ed Fallon played accordion and Ralph King’s film crew traveled all the way from San Francisco to continue documenting the March and its impact.

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Check out this week’s Fallon Forum, with birthday-boy Ron Yarnell and Ed. Here are our segment topics, and you can listen to a podcast of the show here.

1. Is the scare of American Fascism overblown?
2. Health care “reform”
3. What kills more birds: Windmills or Trump Tower?
4. Big Grocer just got bigger
5. Des Moines takes a page from Havana on food production

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Pipeline Opponents to Gov Reynolds: Appoint New IUB Member

Dear Friends,

When I ask folks what they think of Iowa’s new Governor, Kim Reynolds, the usual response is, “Well, nothing really.” And that’s fine. She’s only been Governor for a few weeks, and for the last six years, has existed primarily as Governor Branstad’s shadow.

Well, here’s one of Gov. Reynolds’ first big opportunities to show that she’s not just a Branstad clone. Read on, and if you agree with what Christine Nobiss and I are working to accomplish, as laid out in this press release, share it widely. And come join us on July 1st. Thanks!!

FOR IMMEDIATE RELEASE
1:00 p.m. CT, June 14, 2017
Contact: Ed Fallon at 515-238-6404 or ed@fallonforum.com
Contact: Christine Nobiss at 319-331-8034 or cnobiss@gmail.com

Pipeline Opponents to Gov Reynolds: Appoint New IUB Member
 July 1 action at the State Capitol announced

Richard W. Lozier, Jr.

Des Moines, Iowa — In light of Iowa Utilities Board member Richard W. Lozier, Jr.’s statement today that he is recusing himself from any votes or even discussion of the Dakota Access pipeline, Bold Iowa and Indigenous Iowa called on Governor Kim Reynolds to remove him from the board and appoint someone without a conflict of interest. Lozier served as legal counsel for the MAIN Coalition, a public relations firm with close ties to Dakota Access and Energy Transfer Partners.

Read Lozier’s recusal statement here.

“It’s mind boggling that Gov. Branstad appointed someone with such a clear conflict of interest on the biggest issue ever to come before the IUB,” said Ed Fallon. “The question now is will Gov. Reynolds do the right thing: remove Lozier from the board and appoint someone who’s not beholden to the fossil fuel industry.”

“Big Oil and its minions within state government keep giving us more reasons to fight,” said Christine Nobiss, founder of Indigenous Iowa. “We’ll rally at the State Capitol on July 1, right in front of her office, and I hope she’s working that day so she hears our message: ‘No more political patronage for fossil fuel flunkies!’”

The July 1 action (click here for details) will be on the south side of the Iowa State Capitol, just outside the Governor’s office and across from the Iowa Supreme Court Building. The event’s focus is twofold:

  1. Encourage Gov. Reynolds to remove Lozier from the IUB, and
  2. Remind the public of the importance of the lawsuit pending before the Iowa Supreme Court, in which a group of landowners allege eminent domain was used illegally to take their land for the pipeline. Sierra Club Iowa Chapter is also a plaintiff in that lawsuit, alleging that the IUB should not have issued a permit to Dakota Access.

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Pipeline Trial Sets Precedent

Dear Friends,

The trial for pipeline-fighter Kriss Wells just wrapped up this afternoon. Kriss (pictured below) is a long-time resident of the Quad Cities and a retired social worker. Despite a strong presentation that focused on the climate justifcation for his nonviolent direct action, Kriss received a verdict of “guilty” in a jury trial today at the Boone County Courthouse. He was one of thirty pipeline opponents charged with trespass on August 31, 2016 while blocking vehicles from leaving or entering a staging area along Highway 30 east of Boone, and the only one of the group to plead “not guilty” and to request a jury trial.

Here’s the press release sent out earlier this afternoon as a cooperative effort between the Bakken Pipeline Resistance Coalition and Bold Iowa. Please share and let’s get the word out! Thanks, and read on below the release for information about the Fallon Forum. – Ed

FOR IMMEDIATE RELEASE: June 7, 2017
Contact:
Kriss Wells: 563-343-3295, kriss444@aol.com
Carolyn Raffensperger: 515-450-2320, raffensperger@cs.com
Ed Fallon: 515-238-6404, ed@fallonforum.com

Pipeline opponent “guilty,” but trial sets precedent for justification defense

Boone, Iowa — Kriss Wells (pictured below), a long-time resident of the Quad Cities and a retired social worker, received a verdict of “guilty” in a jury trial today at the Boone County Courthouse. Wells was one of thirty pipeline opponents charged with trespass on August 31, 2016 while blocking vehicles from leaving or entering a staging area along Highway 30 east of Boone. Wells was the only one of the group to plead “not guilty” and to request a jury trial. The August 31 action was organized by Bold Iowa and Iowa Citizens for Community Improvement and drew over 100 participants.

“I’m certainly disappointed in the jury’s decision,” said Wells. “Court rulings have been all over the board in this pipeline fight, and I hope for a different outcome with my trial in Calhoun County on June 28. I did this in part for my grandkids and their future, and I’ll continue to speak out and take action.”

The plaintiffs see this case as setting a new precedent in Iowa. The defense explained its justification for trespassing by raising concerns about the urgency to address climate change, water quality and the misuse of eminent domain.

“Today climate change was on trial,” said Carolyn Raffensperger with the Bakken Pipeline Resistance Coalition. “Kriss Wells was justified in challenging the Iowa Utilities Board’s permit allowing Dakota Access to build this crude oil pipeline, which will do irreparable harm to our climate and planet.”

“That action last summer marked a key point in the escalation of opposition to the pipeline,” said Ed Fallon, director of Bold Iowa. “It garnered national attention to our struggle. Kriss’ act of nonviolent civil disobedience and his decision to take his arrest to trial are statements of commitment and courage that continue to inspire others.”

Despite the oil beginning to flow last week, efforts to resist the pipeline continue, with a rally planned this Saturday in Des Moines, a flotilla on the Des Moines River in Boone County on June 17, and a protest against the Iowa Utilities Board on July 1.

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Spies Validate Our Success

Dear Friends,

If you spend 20 minutes reading anything this week, let it be this incredible story by The Intercept. In an age when independent investigative journalism is rare and threats against our liberty are growing, this is a must read.

The story reveals how a “shadowy international mercenary and security firm known as TigerSwan targeted the movement opposed to the Dakota Access Pipeline with military-style counterterrorism measures”.

Spying and infiltration focused on pipeline opponents mostly in North Dakota and Iowa. The story exposes how “TigerSwan spearheaded a multifaceted private security operation characterized by sweeping and invasive surveillance of protesters”.

Christine, Ed and Cyndy Coppola approach construction equipment at first BAT action on September 20, 2016.

When The Intercept contacted me I readily agreed to allow my name to be unredacted. Every freedom-loving, pipeline-fighting, land-defending patriot caught in TigerSwan’s web should be proud to be a threat to Big Oil.

Even though Energy Transfer Partners (ETP) says oil will begin to flow on June 1st, there’s no doubt our efforts have been impactful. Here’s an excerpt from one of TigerSwan’s reports describing our mobile Bold Action Teams (BATs):

Christine Sheller and Arlo blocking construction equipment at first BAT action on September 20, 2016.

“Bold Iowa’s BAT tactic was unfortunately successful today. Work was stopped at several sites and used up a lot of our resources…If the lockdown tactics of Mississippi Stand and the BAT tactics of Bold Iowa were to join forces it would severely impact our mission.”

And TigerSwan is still monitoring our activities! Here’s an anonymous tip I received yesterday:

“TigerSwan is definitely deeply imbedded in Iowa. They have upped all of their men between Fort Dodge and Sioux Falls. Hotels in the areas in between are filled with their crews.”

ETP is concerned what we, the People, still might do to resist their illegal pipeline trampling our Constitutional rights and threatening our land, water and climate.

Let’s give ’em something to worry about. Here’s a few upcoming events that I hope you’ll attend:

(Note: Regarding trials, always check the day before to confirm they’re still happening, as the Court often postpones a trial at the last minute.)

TigerSwan, we understand why you lurk in the shadows. But we have nothing to hide. Truth and history are on our side. The selfish motives of greedy men like ETP’s Kelcy Warren will be exposed. Our rights will be restored. Our sacred land and water will be protected. It may take time, but we’re in it for the long haul — persistently, prayerfully, nonviolently and respectfully.

Thanks for watching, TigerSwan. And now you know: We’re watching you, too.

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Climate Emergency justification in Pearson’s trial

Dear Friends,

Here’s the release Bold Iowa sent out on Friday about this Wednesday’s press conference, organized jointly with the Bakken Pipeline Resistance Coalition. Heather Pearson’s jury trial for her arrest last fall as part of Bold Iowa’s “Farmers Defense Camp” is significant. Read the details below, and join us on Wednesday in Rockwell City for the trial and press conference.

Heather Pearson

Please share this release with your local news outlets and circulate it through your online networks. And since a Judge sometimes postpones a trial with short notice, check this Facebook Page on Tuesday to make sure the Wednesday trial and press conference are still on.

Heather’s trial has the potential to impact pipeline fights, eminent domain law and climate change in a big way. Let’s support her and the other fighters who have taken brave stands against this unprecedented attack on our land, water and property rights!

FOR IMMEDIATE RELEASE: May 19, 2017

Contact:
Ed Fallon, Bold Iowa: 515-238-6404ed@boldiowa.org
Jessica Fears, Bakken Pipeline Resistance Coalition, 515-450-9627fearsj@gmail.com

Iowa Woman Arrested Stopping Dakota Access Construction on Iowa Landowner’s Property Taken by Eminent Domain to Plead “Not Guilty,” Citing “Climate Emergency” Justification for Trespassing

Bold Iowa’s “Farmer Defense Camp” was established with permission on eminent domain holdout landowner Shirley Gerjets’ property, a first of its kind in Dakota Access pipeline fight

Rockwell City, IA — Heather Pearson, a resident of Logan, Iowa and Water Protector who was arrested in October 2016 during a nonviolent direct action to stop construction on the Dakota Access pipeline on Iowa farmer Shirley Gerjets’ property, will plead “not guilty” to charges of trespassing in Calhoun County court on May 24.

Pearson will argue in court that a “climate emergency,” outlined in a document signed by 188 Iowa climate science faculty from 39 institutions from all over the state, justified her action to stop construction on the pipeline that is abusing eminent domain for private gain and threatening our land, water and climate.

• WHAT: Trial of Dakota Access Direct Action Participant Pleading “Not Guilty”
• WHERE: Calhoun County Courthouse, 400 Main St., Rockwell City, IA
• WHEN: Wednesday, May 24
◦ 9:00 a.m: Trial start time
◦ 12:00 p.m. / lunch break: Press conference (Note: If the trial ends before noon, participants will also be immediately available for comment.)

(Check out the video of the action where Heather was arrested, and scroll down on that page to view the “Climate Emergency” document and affidavit signinghttp://boldiowa.org/2016/11/07/climateemergency)

Under Iowa state law, “justification” is a valid defense to charges of trespassing.

All of the Water Protectors arrested on Oct. 29 were invited on Shirley Gerjets’ property with express permission, in the form of a written affidavit from Shirley. In addition to Pearson, two other Water Protectors intend to plead “not guilty” to trespassing charges stemming from the Oct. 29 action and have pending court dates in Calhoun County (Emma Stewart, of Rockwell City, IA and Mahmud Fitil, of Omaha, NE).

Meanwhile, the Dakota Access pipeline workers and private security personnel were on Shirley’s property only by power of eminent domain, which Shirley strongly opposed. Shirley also had “No Trespassing” signs posted on her property that expressly forbade Dakota Access on her land.

The court will be tasked with determining who is the victim of “trespassing,” when a landowner is actively challenging eminent domain authority granted for a pipeline easement, and yet her expressly invited guests are arrested and charged with “trespassing” on the same land where eminent domain authority is still under judicial review.

Several of those who were arrested appeared to have been physically detained not by Iowa State Patrol, Calhoun County sheriff’s deputies, or other law enforcement, but rather by men wearing yellow jackets believed to be private security hired by Dakota Access Pipeline.

Were these private security “deputized” by Calhoun County law enforcement, the state of Iowa, or some other authority to detain citizens? The court must determine on what authority these security personnel were acting, and whether their actions constituted false imprisonment.

“In Iowa, eminent domain has always been intended strictly for public purposes,” said Bold Iowa director Ed Fallon. “And in 2006, during my last session as a state lawmaker, House and Senate members voted overwhelmingly to further strengthen eminent domain law in response to the ‘Kelo’ U.S. Supreme Court ruling. Given that amended law, this lawsuit makes a powerful case that Dakota Access violated the law. Those of us invited onto the land by the property owner had every right to be there.”

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