The 10 protesters in front of the Crestwood gate Friday, awaiting arrest.

Another protest, more arrests

SCHUYLER COUNTY, Jan. 9 -- After an 18-day break, the arrests resumed Friday with 10 more protesters taken into custody at the gates of the Crestwood energy facility.

The protesters want to stop the storage of propane and butune -- both under state review -- and methane (approved by the Federal Energy Regulatory Commission) by Crestwood in abandoned salt mines deep beneath the ground west of Seneca Lake.

They see the possibility of contamination of the lake's waters and, by extension, of the waters connected to it in the Finger Lakes chain. And they caution against the possibility of catastrophic accidents should human error or unforeseen natural events cause an explosion or breach.

The lawbreakers, who openly invite arrest and were, for awhile, availing themselves of jail terms as a way to convey their message, and the law enforcers who were obliging those who wanted time in jail, are engaged in a combat of tenacity and, ultimately, probably one of attrition. Since the law has a stable work force and the protesters are dependent on a shifting roster, some observers think time (and clout) would seem to favor the establishment.

The arrests Friday were the first since Dec. 22, and pushed the total number to 180 since Oct. 29, the first day protesters were taken into custody after this campaign began in response to the FERC methane storage approval. And the arrests came two days after the latest appearance -- by two-dozen people -- in the courtroom of Town of Reading Justice Raymond Berry.

Such courtroom appearances have been altered with a strategy by the court (at the suggestion of the District Attorney's office) to not jail protesters who plead guilty or are found guilty and decline to pay a $250 fine and $125 state surcharge. Now the court is issuing a judgment against any such individual, which in essence creates a lien against the defendant's property and paycheck and can affect his or her credit.

It's a disruptive measure that has the protesters clearly hesitant about how to approach the legal system. A short-term jail term is one thing; a disruption of one's personal finances is quite another.

Add to that the decision by the Reading Town Board to make the visit of protesters to the town hall on court nights less than welcoming -- there was a severe limitation in parking one night, including blockage of the adjoining town-barn lot and the public roadway, and most recently a refusal to let anyone in the warm building who was not heading directly to the courtroom inside, and this on a very, very cold night -- and you have a situation where the number of participating protesters is waning. There was a gathering of perhaps 50 or 60 on that last court night, compared to 100 and more on earlier occasions.

The defendants who -- having been arrested by blocking incoming and outgoing traffic at the Crestwood Compressor Station gate alongside Rt. 14 north of Watkins Glen -- might have opted for jail in the past are now generally pleading not guilty, an evident attempt to continue clogging the court calendar well into the new year. Judge Berry's court is held every other Wednesday, and the logjam was becoming severe.

Word comes now, though, from county government sources and Judge Berry himself that the logjam is being dissipated by a shuffling of some of the Reading cases to other town courts within the county. That's another strategic wrinkle designed to not only help the overburdened Berry, but perhaps knock the protesters off-balance in the process.

"It's a game," said one observer familiar with the developing strategies of both sides. "That's what this is, really." And in the sense of point-counterpoint, the word would seem to apply, although it is one with serious underpinnings -- both from the viewpoint of the protesters, who are acting on environmental passion, and the authorities, who are clearly tired of the game, and using increasingly innovative approaches to deal with it.

The arrest process remains the same, though. If protesters are blocking a vehicle at the gate, Sheriff Bill Yessman has said more than once, "we have to go arrest them."

The protest Friday was in keeping with the latest trend by organizers to apply a theme to a given day of lawbreaking. In the recent past it was teachers and their profession; then musicians; then Santa and his elves; and now the New Year, complete with the singing of Auld Lang Syne by the 10 people lined up in front of the Crestwood gate, awaiting arrest, and the two-dozen others bearing protest signs along the nearby roadway. All present were keeping warm in the mid-20s temperatures by drinking coffee, with some partaking of sparkling apple cider. And there were party hats and noise makers.

The blockade started about 11:30 a.m., the 10 volunteer arrestees holding signs as they stood side by side in front of the Crestwood gate. At 12:15 p.m., a truck was denied access to the Crestwood grounds. Deputies arrived a half-hour later, the 10 were arrested, and they were taken to the Sheriff's Office for processing -- and ordered to appear in Town of Reading Court on Jan. 21 on trespassing charges. Nine of the ten are residents of Tompkins County.

Those arrested Friday included:

Ellen Harrison, 66, Caroline, Tompkins County.
Jens Wennberg, 79, Dryden, Tompkins County.
Jessica Evett-Miller, 36, Brooktondale, Tompkins County.
Kevin McKinzey, 40, Trumansburg, Tompkins County.
Sabrina Johnston, 48, Ithaca, Tompkins County.
Dan Flerlage, 63, Enfield, Tompkins County.
Kelly Morris, 55, Danby, Tompkins, County.
Mariana Morse, 66, Caroline, Tompkins County.
Maryl Mendillo, no age provided, Aurora, Cayuga County.
Alicia Alexander, 62, Ithaca, Tompkins County.

Photos in text: Friday's protest supporters carried signs alongside Rt. 14 near the Crestwood gate; two of the protesters eventually arrested stayed warm with coffee.