Root Canal....

Root canal is just as good as jail! If not, better. Truth be told, root canal is actually better than an eMTA Holding Cell.

Face it, although being handcuffed over night is different, so is root canal. You don't just go around getting your roots canalled every day of the week. If you're lucky - once a year. Or, for the first time at the age of 31.

Today was my first root canal. I feel like Hedwig a bit. "To walk away, you've got to leave something behind." In order to gain something, you have to first let something go. So. There goes the root to my tooth! Root canal is great because it gives me the perfect opportunity to watch movies like Hedwig and the Angry Inch. Had never seen it before. Always knew I wanted to.

I think the seven shots of novacain in my jaw are finally dwindling down in strength. All I know is I plan to finish my eight screenplays as soon as possible, and it seems that finding my creative voice is really the only thing that matters to me anymore. Having a root canal and speanding time in the clink give me lots o' time to think. It's so easy to keep busy and do many things, but when it comes to true growth and spiritual strength, and power - there is nothing like a challenge to spur one to move forward.

Below, My Story of Being Handcuffed For the Night

So below, you'll see other people's information interlaced with my own story. It is becoming very clear to me that although I graduated with a psychology major and a double minor in film and education from Middlebury College - I know VERY little about my very own civil rights.

I realize that I spend a lot of time thinking about other people's civil rights, and how to improve the world for them. Back in Gotham City, I have never had to fully understand my own civil rights. Live and learn!

I am going to follow through on this, but I wonder how. If you or anyone you know would like to help me, read on... you'll find a very interesting story with many sides and perspectives.

Various Perspectives on My New Understanding of My Civil Rights

Call the ALCU for what? You broke the law by having your feet up on the seats. This happened to me to, not arrested because I had ID, but ticketed. Follow the logic. You pay for one fair; you’re entitled to one seat. By having you feet up on another seat you’re taking up two spots. Yes it was 4am when it happened to me and no one was on the train, so there was room for others. Elizabeth, I hate to tell you, you admit taking up more than one seat, so you don’t have a leg to stand on, No pun intended. There is a way to get around this mess in the future, swipe your card twice and pay for two fairs. I do this now when I travel early in the morning, and when a cop tries to give me a ticket I tell them I paid for two fairs. Of course they don’t believe you can try to confirm this to prove you wrong and write it in the ticket to add evidence to your mister meaner, but I love the look on their faces when you prove your claim. So Elizabeth, you would have gotten a ticket, which you could have fought, and gotten off if it was your first offence, but you added to the problems by not having ID, and if you commit a crime, even one this small, you spend the night in jail till they can confirm who you are. Welcome to the big city sister.
Posted by: criminal minded May 20, 2005 02:27 PM
"criminal minded"- It's not necessary to take a person into custody for what is otherwise a summonsable offense. Not only is this a violation of her rights, it's waste of your and my tax dollars.
Posted by: thfs May 20, 2005 02:52 PM
I would also recommend you try contacting the New York City Civilian Complaint Review Board (CCRB) - you can see more at http://www.nyc.gov/html/ccrb/home.html
Posted by: Jason May 20, 2005 05:29 PM
"criminal minded"-said:"You pay for one fair; you’re entitled to one seat"Criminally insane is more like it -First of all the word you probably wanted is "fare" not "fair", but following the logic of "You pay for one fare; you’re entitled to one seat" raises the following questionsCan I get my money back when I don't get a seat during rush hour?If the train is crowded and there are parts of two "seats under my "seat" am I a criminal?What about the times that there isn't any room for my knees and I have to sit at an angle?Is it legal for fat people to ride the subway?Where does my "seat" stop and my leg begin in the opinion of the NYPD, and are the standards implemented in a way that does not discriminate against short or tall people?
Interestingly enough, The MTA wants to clarify that in it's rules of conduct, because even they seem to think that the rules are confusingOld ( current) rules are here http://www.mta.info/nyct/rules/rules.htmNew proposed rules are here http://www.mta.info/nyct/rules/nyct.htmSection 1050.7 (j) (1) is nowOccupy more than one seat on a station, platform or conveyance; lie on the floor, platform, stairway, landing or conveyance; or block free movement on a station, stairway, platform or conveyance; or (k) commit any act which causes or may tend to cause harm to oneself or to any other person including, but not limited to:(1) riding a bicycle or straddling a bicycle while it is in motion, or riding a scooter, [skateboard, roller skates, in-line skates] or any other self-propelled vehicle or any motor-propelled vehicle;(2) wearing roller skates or in-line skates; or(3) riding or otherwise standing on a skateboard.
The proposed new version reads
(1) occupy more than one seat on a station, platform or conveyance when to do so would interfere or tend to interfere with the operation of the authority's transit system or the comfort of other passengers; (2) place his or her foot on a seat on a station, platform or conveyance; (3) lie on the floor, platform, stairway, landing or conveyance; or (4) block free movement on a station, stairway, platform or conveyance; or (k) commit any act which causes or may tend to cause harm to oneself or to any other person including, but not limited to: (1) riding a bicycle or straddling a bicycle while it is in motion, or riding a scooter, [skateboard, roller skates, in-line skates] or any other self-propelled vehicle or any motor-propelled vehicle;(2) wearing roller skates or in-line skates; or (3) riding or otherwise standing on a skateboard.
Note the addition of "when to do so would interfere or tend to interfere with the operation of the authority's transit system or the comfort of other passengers;" to the prohibition on occupying more than one seat on a station, platform or conveyance.
So it would seem that even the MTA thinks the rule is stupid
As for the "Finally, all she could do was fall asleep in the fetal position in the holding area with her arm chained to a gate. " I read in the newspaper today that "Chaining prisoners to any fixed object was also banned" by the US Army in Afghanistan. If you Google "chaining prisoners" it seems to mostly turn up stories about human rights violations and torture
For instance The US State Department in it's report on Libya http://www.state.gov/g/drl/rls/hrrpt/2004/41727.htm in the section "Torture and Cruel, Inhuman, or Degrading Treatment or Punishment" states "The reported methods of torture included: chaining prisoners to a wall for hours; clubbing; applying electric shock; applying corkscrews to the back; pouring lemon juice in open wounds; breaking fingers and allowing the joints to heal without medical care; suffocating with plastic bags; deprivation of food and water; hanging by the wrists; suspension from a pole inserted between the knees and elbows; cigarettes burns; threats of being attacked by dogs; and beating on the soles of the feet."
So there you have it, the US state department puts "chaining prisoners" as the very first item on a pretty appalling list of Torture and Cruel, Inhuman, or Degrading Treatment or Punishment.
Posted by: hhc May 20, 2005 08:06 PM
"She got to see what it felt like to be a person of color"
Give me a break. I take the F-Train every day and night (Park Slope to Broadway/Lafayette, coincidently enough), and I don't see 'people of color' being dragged off by the police, nor should I.
"a homeless person"
Considering most of the city's homeless are mentally ill or drunks, they *should* be dragged off (especially on the F). It's in their best interest to be placed in a setting where they'll get a hot meal and a bed, and away from the train where they take up half the car with their feces-induced stench.
"an illegal alien"
Is just that...illegal, meaning they broke the law. Entirely different than a law-abiding citizen being unfairly and outrageously incarcerated, which is what happened here. I would advise your friend to contact a lawyer. What happened to her should never happen to anyone, and if it takes a lawsuit to make that happen, then so be it. But regardless, don't let this one stand. Someone needs to be held accountable, and the transit cop in question needs some time off and a re-orientation on the US Constitution.
Posted by: Brian May 21, 2005 12:34 AM

Being Handcuffed Over Night Is...

Being handcuffed all night is, well… not the most comfortable way to sleep. Although, I must say I wasn't sleeping when I was asked to get off the F-train this last Wednesday morning. I am honored that Curbed.com took the time to write up my story, but I would like to clarify so that everything is very real. It was very real to me.

Somewhere between 3 and 4 a.m. I was riding the train home after hosting the Erzsi and Jonny Show. I was wide awake, and carefully watching the homeless men on the train with me. I wanted to make sure I was safe, and that everyone else was peacefully asleep. They were.

I had my legs, gently draped on the corner of the seat caddy-corner to me. My sneakers were not on the seat. I like to indicate to people that I will put my feet down on a moment's notice, should someone else need some space to rest.

An officer boarded the train and flashed me her badge. She said, "Put your feet down and get off the train." I said, "Why?"
"Get off the train."
"But I'm not doing anything wrong. Please let me stay on the subway car. I need to get home to go to work."
"Get off the train now."

So I got off the train, and there on the subway platform, after the train had left the station she asked me for identification. I only had an ATM card and three business cards: one for personal training, which said Elizabeth Pongo; and two for stand-up comedy, which say Erzsi Pongo. The problem was that for personal training I use Elizabeth, and for stand-up comedy I use my Hungarian childhood nickname: Erzsi. So the names on the business cards that have photos, do not say Elizabeth. They do all say Pongo.

To make a long story short (too late!) I was handcuffed, told that my purse could have been stolen. I was put in a van along with several handcuffed men, and taken to Union Square. We were taken underground into the subway system, to a holding cell for the Police Department of the city of New York. I was finger printed, my photo was taken, and then handcuffed to an iron fence for the rest of the night. They had to make sure everything was o.k. and wait for my fingerprints to get back from Albany.

Now, everything o.k.? Well, I was awake, sober, I was forming complete sentences, making very good eye-contact, and doing everything in my power to prove to them that I was not going anywhere, that I didn't have to be cuffed all night, and that I was compliant. Sure, there were tears streaming down my face, once in a while. And yes, I did ask for a tissue several times to blow my nose. It’s hard to blow your own nose when you you’re chained to an iron fence. Nonetheless, the handcuffs remained on: all night. More of the story will follow.

I WAS ARRESTED ON THE F-TRAIN

So, yes - if you read ahead - you will find the story of my arrest by the NYC Transit Police, as written by my client. I am now going to write about it in my own words.

Basically, I was riding home after hosting The Erzsi and Jonny Show late at night. A cop got on, and and asked me to get off the subway and then put me in handcuffs. We drove in a van, with the cuffs on, to Union Square. We went underground and I was put in a jail cell. I was chained in the cuffs to a gate overnight. I was released at 9:30 (roughly) the next morning.

Those are some plot points. More to follow!

ARREST ON THE F-TRAIN: From OTBKB

Here is somthing my client, Only the Blog Knows Brooklyn , wrote about my arrest on the F-Train. I am honored she took the time to do it. There are also some comments that people added to the mix.

Yesterday when I met Elizabeth Pongo, my personal trainer and friend, at the Park Slope Fitness Collective she greeted me in her usual enthusiastic way but I could tell that something was up.


When she got me on the stationery bicycle for a cardio blast she said: "I spent last night in jail."

"What?" I yelped, obviously a little shocked and deeply interested to hear her story as I continued biking in place, rap music blaring on the loud speaker.


She went on to tell me her sad tale. Ms. Pongo was arrested, yes, arrested on the F-train between Broadway/Lafayette and Second Avenue for having her LEGS on the subway seat. It was 3 a.m and she was on the way home to Park Slope from one of her gigs as a stand-up comedian. Her shoes weren't even touching the seat and she was NOT asleep.


A transit police officer came up to her, flashed her badge and said: "Put your feet down and get off the train!" It was not a warning, it was a command. On the subway platform, she asked for Ms. Pongo's driver's license and because she didn't have it or any other photo identification on her, she was handcuffed and ROUNDED up with a group of four homeless men, who had been sleeping on the train.

The police took the group to 14th Street where they were locked up for the evening. Allowed to make only one local call, she called one of her clients at 5 a.m. She was unable to call her mother in New Jersey.


She cried and begged the police officer to let her go home: "I have work tomorrow and I need to SLEEP." She told them that she is an excessively law abiding citizen who pays her taxes early. She showed one of the officers her ATM card and three business cards but to no avail. "You coulda stolen that," one of the cops said. Finally, all she could do was fall asleep in the fetal position in the holding area with her arm chained to a gate. The men were in a different room than she.


The police let her go first thing in the morning after they sent her fingerprints to Albany and got word that she was without a criminal record.

At 1:30 on Wednesday, she was at the Fitness Collective ready to work out with me. She had a little bit of time before work to shower and nap. She actually looked pretty darn great for someone who'd spent the night in jail.

In addition to needing a really good hug, which I gave her, she needs ideas about who she can complain to about this inappropriate and unfair incarceration. She mentioned the New York Civil Liberties Union, someone else said to call her City Council member. If anyone has ideas, please make a comment here or e-mail me.

Ms. Pongo had an experience, probably a valuable one, that she will never forget; an understanding of what it means to be powerless in the face of the law. She got to see what it felt like to be a person of color, a homeless person, an illegal alien: New Yorkers who get mistreated by the police on a regular basis. She now says she feels motivated by the experience: "I am revitalized and re-charged," Ms. Pongo wrote in a comment to OTBKB. "I am ready to do the right thing and take action. I am also pleased to have a network of people to work on how to solve this problem for myself and others."


May 19, 2005 in Postcard from the Slope | Permalink

Comments
She can always go to the media.

Posted by: Little Light | May 19, 2005 11:35 AM

OTBKB is the media! Glad you wrote about this pervasive problem:
pre-emptive detention.

NYCLU sounds like a great idea.

Posted by: Nancy Graham | May 19, 2005 11:39 AM

I'm curious how pre-emptive detention squares up with "innocent until proven guilty". Is there a law in NY that makes it illegal for citizens not to carry personal documentation?

Posted by: udge | May 19, 2005 01:47 PM

An unfortunate lesson for your friend. It is never wise to leave home without any form of photo I.D. I do not think there is a law about carrying I.D. in NY, however, if you are detained by the police, it may become a hinderance to your release, as your friend now understands.

She should learn from this, not take it as an opportunity to express her indignance at not being accorded special treatment because she was so clearly a privileged, educated, law abiding, member of the Park Slope community.




Posted by: Miguel | May 19, 2005 02:54 PM

But maybe it's her duty as a "privileged, educated, law-abiding member of the Park Slope community" to do just that-- get indignant, look up the laws, take it up with NYCLU or whoever. No, it's no less wrong to round up homeless guys, but they probably (not necessarily, but probably) don't have the resources to fight it. She does. And maybe if she does, it will make things better for other people too.

Posted by: elswhere | May 19, 2005 07:30 PM

Dear Miguel,

I am Elizabeth the trainer. And although your word, "indignant," is a good, strong, 25-cent vocabulary word (congratulations!) you may want to consider that in Louise's story – nowhere - did she describe my emotions. That is your perception; and your interpretation, based on your own personal feelings. It may be a sad story, but it has a happy ending.

You see, I am motivated by this experience. I am revitalized and re-charged. I am ready to do the right thing and take action. I am happy that I am safe, and I am pleased that I have a network of people to work with on how to solve this problem. I am not angry. I am lucky it wasn’t worse. I am grateful I can talk about it with people I trust. I am learning.

But thanks for your own personal interpretation of the story. I will make sure to provide other plot points in the future - that will elucidate the catharsis that this experience has lead to for me. I will take action in order to help others, so that they can avoid my mistakes.

Cheers,
Elizabeth

PS - Sorry! This word isn't correct....
in·dig·nant adj.
Characterized by or filled with indignation. See Synonyms at angry.
[Latin indign ns, indignant- present participle of indign r , to be indignant, from indignus, unworthy. See indign.]


Posted by: Elizabeth Pongo | May 20, 2005 12:00 AM

Peace

IMGP0021
Originally uploaded by Erzsi Pongo.

Flickr

This is a test post from , a fancy photo sharing thing.

Digital Revolution

It seems as though, whenever I upgrade to a new level of digital functionality, there's a waiting period. Today we determined that the waiting period is where it all comes together. I know, this concept of waiting isn't a novel idea. People have been waiting a long time.

But maybe waiting isn't just waiting at all. There is something subtle about waiting, in which our reality and our time on this planet is just as exciting and good as when we're not waiting. Doing can seem more important. But without waiting there'd be no doing. Waiting is doing, anyway. It's doing waiting. It seems that waiting can contain a lot of action in and of itself, where true preparation and learning is accomplished.

Video Blogging Extravaganza

Sitting in the heart of Long Island City, soon we'll make this happen with video. "It's going to be amaazing."