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—43— O’Shaughnessy’s • Autumn 2011

Ben Mazel (Perfecting the Art of Civil Protest) By Don E Wirtshafter conventions. and others (including myself) for not hav- ration returned to normal. It was then that was born in the Bronx, NY, in Of all things to protest, Ben’s favorite ing a permit. Ben turned around and sued his phone rang with the news that a public 1954. He was not quite 14 when getting ar- became the insane drug war that is pull- the state. He quickly won a permanent in- protest had been called for the capitol that rested at the tumultuous 1968 Democratic ing down our country. Ben was a regular junction that prevented the state from inter- day at noon. National Convention in sent him at drug policy conferences and NORML fering with the rights of peaceable assem- Ben was adamant: he had to get to the on a career course like none other. Ben events. He remained a leader of Wiscon- bly on the capitol grounds. capitol building. The doctor resisted, tell- joined the protesters who sued the city of sin NORML. Ben was proud of his 137 ar- The next year Ben upped the ante by ing Ben of the dangers of hemorrhaging af- Chicago and Mayor Richard Daley over rests, almost all of them at protest events. bringing a large sound system to the Har- ter such a big dose of steroids. “If you hem- their illegal detentions and police brutality. He fought each ticket, accepting only mi- vest Fest. Capitol police arrested him for orrhage in the hospital, there is a chance After several years fighting city hall, Ben nor misdemeanor penalties in six of these the sound system. Ben again turned around we can save you. If you hemorrhage down collected $40,000 in damages. His path prosecutions. He constantly sued back, col- and sued the state. This time the court there, you are dead.” was set. lecting 12 judgments against civil authori- awarded Ben a permanent injunction that “That’s okay, doc,” Ben replied, “If I Ben moved to Madison, after ties over the years. He even got notorious confirmed the right of peaceful protesters have to die I would rather do it at the capi- meeting a group of Madison activists at the New York mayor Rudolph Giuliani to pay to use large sound systems and therefore tol in front of Walker than here in the hos- May Day, 1970, “mobilization” against the attorney fees in one case. attract large crowds to the statehouse lawn. pital.” Vietnam War. He had adopted the progres- Ben became Through the in- The doctor knew better than to argue sive politics and comical theatrics of the an expert in civil transigence of one with such a determined man. All he could Yippies (the so-called “Youth International liberties and po- activist, Madison do was admonish Ben to be on time for his Party” launched by and lice brutality law. became the only 1:30 p.m. MRI appointment. in ‘68). When protestors state capital in the Ben’s last protest took place during the In 1970, when Yippie leader were not allowed U.S. with well- month-long worker occupation of the capi- got busted on charges, Ben or- to read the 4th defined rights for tol. People had been arrested for carrying ganized a march to the Capitol in Madison Amendment to ju- demonstrators. signs inside the building. Ben decided to carrying a banner that said, “Free Dana ries in criminal tri- The miracle we challenge this and put out an announce- Beal.” Ben called this event “The Great als, Ben designed recently saw un- ment on Twitter and Facebook calling for Midwest Harvest Fest.” It became an an- a shirt for people fold in Madison civil disobedience inside the building. nual event that he continued to organize committing civil —the people’s Knowing that the state Constitution was on until his death in April of this year. disobedience to response to Gov. display on the second floor, he created pro- Ben also organized an annual rural bac- wear for their ar- Scott Walker’s at- test signs that quoted the Constitution. Try chanalia called Weedstock that local au- rests. The front tempt to bust the as hard as they could, Ben’s crew could not thorities tried to but could not suppress. of the shirt gave public employee get themselves arrested that day. Weedstock became the prototype for the Notice to Law En- unions—could hundreds of fests that are held around forcement Officers have only taken The Hemp Tours the country each summer. that the wearer re- place in Madison The Hemp Tours fueled the modern In the late 1980s Ben was a key orga- tained all his rights; because of the ad- reform movement and led to nizer of an important project that came to the back quoted the vance work of Ben the creation of the Cannabis Action be known as “the Hemp Tour.” entire 4th Amend- Masel. Network. We were able to hold 1,500 had recently uncovered the amazing story ment to the Con- Ben first learned events all around the nation. The goal of how cannabis grown for fiber had been stitution. Getting arrested in one of Ben’s of the pro-labor protests within minutes of of each event was to leave behind a an essential crop in America for centuries, shirts enabled an activist to enter his refus- his diagnosis of terminal lung cancer this functioning local organization, a good before prohibition prevented farmers from ing consent and the 4th Amendment into January. Ben’s friends had taken him to media story, and tools to create strong growing it. Ben led a busload of activists evidence at their subsequent trial. Other- the hospital after he woke up in extreme organizers. through the Midwest, displaying artifacts wise, the foundation for protection of our respiratory distress. The doctors quickly Ben taught thousands of young orga- from Jack’s “hemp museum,” telling the liberty could never be seen by a jury. Ben’s understood a growing tumor was block- nizers to stand up and fight —and that story of hemp’s past, and turning on count- shirt became a uniform for people commit- ing Ben’s breathing tube. As a temporary is ultimately going to lead to the repeal less students to its potential uses. ting civil disobedience —and drug smug- measure, they injected him with steroids of cannabis laws. —Debby Goldsberry Ben ran for public office on many occa- glers—across the country. to reduce the mass. Quickly, Ben’s respi- sions. One run for Governor of Wisconsin In 1994, the sheriff in Madison arrested featured a campaign poster of him butt- Ben for passing out leaflets on the side- naked and the slogan, “A new kind of Gov- walk. Ben easily won a quick judgment Gil Scott-Heron photo by Mark McNulty ernor with nothing to hide” In 2008, Ben against the sheriff, as the right to leaflet in ran for the US Senate. He only accepted public spaces is clearly established. The one dollar campaign contributions and ran next year the Clinton/Gore campaign came under the slogan, “A Senator you can af- to town. Clinton’s handlers did not like to ford.” Despite no budget, Ben received 14 see Ben on the sidewalk leafleting. Secret percent of the vote against incumbent Herb Service agents asked the Sheriff to arrest Kohl in 2006. Ben had filed to run again him. “No way,” responded the Sheriff, “Do against Kohl for the Senate in 2012 when you have any idea what happened the last his illness overcame him. time I tried to arrest Benny for leafleting?” Ben was a Rainbow Warrior who thrived After the 2002 election of Tommy at the annual Rainbow Gatherings held in Thompson as Wisconsin governor (Ben national forests across the country. had run in opposition on the Libertarian He was the personification of activism. ticket), The Great Midwest Harvest Fes- As Democratic and Republican presidents tival became controversial. Thompson continued to pursue policies he deplored, pledged he would get rid of the annual he regularly joined —and sometimes orga- protest at the capitol. That year the Harvest nized— protests at the parties’ nominating Fest was interrupted by the arrest of Ben

In the end his smile he was so thin, all that was left was And for some unknown reason Jagged jigsaw pieces He never turned my way Tossed about the room G raphic I saw my grandma sweeping Pieces of that letter With her old straw broom Were tossed about that room by She didn’t know what she was doing

J And now I hear the sound of sirens ohn She could hardly understand Come knifing through the gloom

J That she was really sweeping up..

onik They don’t know what they are doing Pieces of a man They could hardly understand

That they’re only arresting I saw my daddy greet the mailman Pieces of a man And I heard the mailman say “Now don’t you take this letter to heart now Jimmy I saw him go to pieces Cause they’ve laid off nine others today” I saw him go to pieces He didn’t know what he was saying He was always such a good man He could hardly understand He was always such a strong man That he was only talking to Yeah, I saw him go to pieces Pieces of a man I saw him go to pieces I saw the thunder and heard the lightning! —Gil Scott-Heron And felt the burden of his shame