In Santa Cruz we have the recent imposition of curfews (Cowell’s Beach, the library, City Hall the County Building, the Levee, and now at Capitola Beach for the 4th of July) and piling on of cops and security guard patrols for “safety”.
Santa Cruz has a nasty history (in spite of its phony liberal reputation) if attacks on Free Speech. As of 7-11, it will become illegal to hold up a political sign on any median or roundabout (the goal being to criminalize peaceful panhandling–again under the phony pretext of “Public Safety”). Haughty bigots will have an additional weapon in the new “disorderly conduct” law making it illegal to make the gentry “uncomfortable” in the parks (which is a huge swath of territory extending far beyond formal parks run by the city’s Parks and Recreation Dept.)–violaters (as of July 11th) face up to a year in jail and $1000 fine if they dare to dispute officials and don’t leave areas for 24-hours as well as appear in court to face trial.
No cheeky chalker protesters were ticketed or cited for chalking during the Occupy movement (the cops simply used massive police force to terrorize both activists and homeless survival campers nearby). However, the Santa Cruz City Attorney’s office has intervened against past anti-war protests to prosecute “criminal chalkers” such as activist Becky Johnson (see http://www.counterpunch.org/
And D.A. Bob Lee is still postponing murder, rape and assault prosecutions to forward his Wells Fargo-friendly political agenda of trying four activists (the last of the Santa Cruz Eleven) for peaceful occupation of a 5-year vacant bank building at 75 River St. (See http://66.147.242.176/~
He panhandled the Board of Supervisors last month for more money, while ignoring the hundred thousand-plus his malicious prosecution of the SC-11 has cost the county. The four defendants go to trial in September and face 4 years in prison and thousands of dollars in fines and restitution though no evidence has been presented that any of them committed any kind of vandalism whatsoever, simply being present in the vacant building as hundreds were throughout the 3-day occupation.
It’s telling that for the first time in Santa Cruz history (as far as I’ve heard), a local judge fined the D.A.’s office for improper behavior involving D.A. Rebekah Young—Lee’s underling in charge of prosecuting the cases–for repeatedly withholding discovery and presenting falsehoods to the court and to the defendants. (This cost the defendants and their lawyers tens of thousands of dollars as well as big court costs, but Judge Burdick, closing ranks with fellow attorneys, only fined Lee $500. Lee has refused to pay and is appealing the case.) See “Attorneys for 4 of the Santa Cruz 11 go to Status & Sanctions Hearing Monday” at https://www.indybay.org/
Joe Schultz of India Joze will be catering a benefit for the SC-11 and Sanctuary Camp at 535 Spring St. 2-5 PM on Friday, July 5th. Remember to carry chalk at all times!
Jeff Olson Acquitted Of Charges From Writing In Chalk On San Diego Sidewalk
SAN DIEGO — The mayor called the case “stupid” and a jury swiftly said it shouldn’t stick, taking the eraser to vandalism charges for a man who wrote anti-bank slogans on San Diego sidewalks.
A Superior Court jury deliberated for five hours after a four-day trial before acquitting Jeff Olson Monday of the 13 misdemeanor charges that could have brought 13 years in jail and $13,000 in fines.
Olson, 40, was charged with scrawling messages like “Shame on B of A” and `’No thanks, big banks” in water-soluble chalk on sidewalks outside San Diego Bank of America branches from April to August 2012. He included a drawing of an octopus reaching for dollar bills.
Olson turned to his attorney, nodded and smiled as the verdicts were read.
The trial was the latest in a series of dustups between City Attorney Jan Goldsmith, who prosecuted the case, and Mayor Bob Filner, who called it a “nonsense prosecution” that came in response to complaints from Bank of America.
“It’s washable chalk, it’s political slogans,” Filner said last week. “I think it’s a stupid case. It’s costing us money.”
Jail time is highly unusual for graffiti convictions, which typically result in fines or community service.
The city attorney’s office said it offered to reduce the charges if Olson agreed to perform community service by cleaning up graffiti, but he refused. The office said the case was referred by the police department.
“Graffiti remains vandalism in the state of California,” the city attorney’s office said. “Under the law, there is no First Amendment right to deface property, even if the writing is easily removed, whether the message is aimed at banks or any other person or group. We are, however, sympathetic to the strong public reaction to this case and the jury’s message.”
The judge, who imposed a gag order on participants during the trial, refused to allow Olson’s attorney to argue that the messages were constitutionally protected free speech. Instead, the attorney argued the messages caused no damage and were not malicious.
Olson, who was inspired by the Occupy Wall Street movement, said he was relieved by the outcome and that the prosecution brought more attention to his views than he ever imagined possible.
“I couldn’t have done better if I rented an airplane with a banner and put billboards up all over town,” he said.
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