When we were finally brought to the final holding area for our arraignment we were informed that if we refused to submit to a retina scan we would likely be held overnight. The retina scan is a voluntary procedure that all 10 of us had already denied earlier that day. According to our lawyers from the National Lawyers Guild – who are heroes – the lieutenant on duty and the judge said that if we continued to refuse the scans we wouldn’t get out that night. With only a few exceptions due to personal commitments, we all stood in solidarity and refused to submit to the procedure. This was around 11 p.m. on Tuesday, roughly 36 hours after our arrest. Several of the women arrested and a majority of the men were going to spend another night in prison to protest the ever expanding security state. In many ways, this final hurdle was the most egregious encroachment on our liberties. The retinal scan is a voluntary procedure, but if you don’t submit to it, you will be punished.
'Cause I know some of you out there think I'm being over the top when I say "police state". There is no way, no how, that this is constitutional. This is akin to discussions of Dejure and Defacto segregation. Although the law is written to be constitutional, it is in fact used in an unconstitutional manner. No way should it be possible to be *forced* to stay in jail for refusing to do something that you are not required to do.
