Punishing Protest

[G_j]

http://www.orionmagazine.org/index.php/audio-video/item/punishing_protest_patrick_shea_and_heidi_boghosian_discuss_law_and_civil_di/

Punishing Protest: Patrick Shea and
Heidi Boghosian Discuss Law and Civil Disobedience
February 23, 2012

Summary: What is the justice system for? Activists from the Occupy movement to climate justice camps are regularly made examples of by courts while bank and oil company executives avoid prosecution for real crimes. During Orion's latest live web event, Patrick Shea, a lawyer who defended climate justice activist Tim DeChristopher (see "What Love Looks Like" in the January/February 2012 issue of Orion), and Heidi Boghosian, director of the National Lawyers Guild, discussed what activists engaging in nonviolent protest can expect from the justice system.



www.orionmagazine.org
Orion is a bimonthly, advertising-free magazine devoted to creating a stronger bond between people and nature.
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Punishing Protest, Policing Dissent: What Is the Justice System for?

Monday 20 February 2012
by: Erik Hoffner, Truthout | News Analysis


http://www.truth-out.org/punishing-protest-policing-dissent-what-justice-system/1329418798


This year promises to be another historic year of people calling for change worldwide. Citizens took to the streets for a wide variety of reasons, from the Wisconsin Capitol to DC, which hosted many actions last year, including the highly visible civil disobedience of activists seeking to halt the proposed Keystone XL pipeline. The resulting mass arrests, totaling over 1,200 by early September, surely played a large role in President Obama's decision to delay approval of that climate- and water-supply-threatening project.

The climate justice movement also experienced a low point this year, though, when its most visible young leader, Tim DeChristopher, was sentenced to two years in prison for disrupting a federal oil and gas lease auction by peaceful means. Even though the auction was later shown to be illegal, DeChristopher's case proceeded in a manner that made it clear that the government's prosecutor sought to make an example of an activist who showed no remorse.

For his part, Tim saw it as a necessary action to protect his future from runaway climate change, and seemed ready to prove that his movement is unafraid of such retribution when he refused to apologize or take a plea deal. As he told Terry Tempest Williams in Orion recently, "... it's important to make sure that the government doesn't win in their quest to intimidate people ... They're trying to make an example out of me to scare other people into obedience." The punishing protest is not unusual, and can result in long-term victories for those targeted, but that didn't comfort Patrick Shea, DeChristopher's lawyer, who said in a recent post that he'd witnessed "a miscarriage of justice, fairness, and what I believed America stood for."

Occupiers, though, have racked up many more detentions, with 6,526 arrested in 110 US cities so far, according to OccupyArrests.com. This wave of action and reaction has kept National Lawyers Guild (NLG) chapters and members very busy working to protect demonstrators' constitutional rights. Founded 75 years ago to use the law to advance social justice and support progressive social movements, NLG coordinates attorneys, legal workers and law students, and provides legal briefing, case law research, legal strategy and tactical advice to activists. Over the past several months, its members have filed constitutional rights challenges, represented protesters in criminal court, trained and acted as Legal Observers®, and often provided 'round-the-clock legal advice to Occupy encampments.

..more..

[G_j]

1. k

[lunatica]

2. That's one of the most chilling articles I've read

It's become more obvious that we do truly have a police state.

[G_j]

3. I agree

it's a shame so few are paying attention.

[Zalatix]

7. Not just a police state, but a Plutocracy.

[woo me with science]

4. K&R

[G_j]

6. thanks

can't keep much afloat these days..

[lunatica]

5. kick'd and rec'd

[sabrina 1]

8. That is a gross miscarriage of justice. Two years for protesting?

Mass arrests, felony charges, yes the government is trying to dissuade protests.

But maybe things are beginning to change, slightly. In a recent ruling, a court awarded millions of dollars in a class action suit brought against the city re a mass arrest of anti-war protesters in 2003.

[G_j]

9. Yes, this is good news

http://www.democraticunderground.com/1002293631


City of Chicago Settles Class Action Suit Over 2003 Iraq War Protest Arrests
http://chicagoist.com/2012/02/09/city_settles_class_action_suit_over.php

City Settles Class Action Suit Over 2003 Iraq War Protest Arrests


Attorneys for the City of Chicago told federal judges they reached a settlement in the class action lawsuit brought by more than 800 people arrested after protesters took Lake Shore Drive in a 2003 march against the Iraq War. The Chicago Tribune reports those arrested, charged and detained will potentially receive up to $15,000 and people arrested but not charged would receive $8,750. People held on the street for over 90 minutes will receive $500. In total, the lawsuit will cost the city $6.2 million, not including legal fees.

Towards the end of the march, when the majority of demonstrators exited Lake Shore Drive after a long standoff with police, some 800 people were kettled at Chicago and Michigan Avenues. Most of the arrested just wanted to head home, and some arrestees weren’t even part of the protest, but instead were passersby and onlookers. Federal appellate Justice Richard Posner ruled last year the arrests were unjustified and noted that all of the charges were later dismissed in court.

The National Lawyers Guild, in conjunction with the People’s Law Office, worked on the case for nine years. The People’s Law Office said in a statement:

“Based on our collective experience litigating police misconduct cases for decades, we feel very positive about this settlement and about the amount of compensation for each sub-class member. We also believe that such a significant settlement will send an unequivocal message to the City of Chicago and its Police Department that they must respect your right to demonstrate.”

The settlement isn’t only a victory for the participants in the class action suit, it also affects future demonstrations. According to the People’s Law Office, the court opinion holds that the City cannot arrest peaceful demonstrators without warning, solely because they do not have a permit, and will apply to future demonstrations.


..more..

[sabrina 1]

10. The last paragraph makes me wonder if the OWS in NYC can now sue for the mass arrest

on the Brooklyn Bridge. They were not warned, in fact the police led them onto the bridge. Same thing Oakland.

The settlement isn’t only a victory for the participants in the class action suit, it also affects future demonstrations. According to the People’s Law Office, the court opinion holds that the City cannot arrest peaceful demonstrators without warning, solely because they do not have a permit, and will apply to future demonstrations.

It was a tough case with so many attempts to derail it, but they lawyers deserve much credit for not giving in.

[G_j]

11. The National Lawyers Guild & the People’s Law Office are heroic

There are certainly many cases of 'pre-emptive' arrests. I wonder what the statute of limitations is. I was in DC in 2000 when over 600 people were arrested the day before the IMF/World Bank protests.

[sabrina 1]

12. Yes, I was thinking recently how useless Congress has been in upholding our rights over

the past decade. How eg, they did nothing to help people being bullied out of their homes, with no legal representation, despite knowing how much corruption there was in the foreclosure scam. It was a few individuals who managed to hire attorneys and sue the banks, that finally exposed it all and led to some justice for at least a few people.

Everytime we get some justice, it seems to come from organizations like the ACLU and the The National Lawyers Guild, NOT from the people we elect.

Which is why I will donate to those organizations before giving any money to candidates who get enough from their corporate bosses.

Re the statute of limitations, I don't know. But this was a victory for 1st Amendment Rights and maybe those who have no respect for those rights, who backed the cops so many times, will at least think again after this ruling.

[G_j]

13. from useless to dangerous

when they went along with Bush's wars, they hit bottom. Of course there also is the war on (some)drugs etc.. They haven't done much to redeem themselves. I compleletey agree that money is best spent on groups like the NLG and ACLU, who push for real democracy and justice, at least for those of us who don't have much to give. These groups really do need the funds to continue their ongoing struggle for the people.