If you have any questions regarding any of these matters, please contact your attorney, or the National Lawyers Guild at www.nlgchicago.org.  Thank you.

MEDIA ADVISORY
Chicago Chapter of the National Lawyers Guild
For Immediate Release: February 15, 2012

Ninety Occupy Chicago Activists Go to Court TODAY Seeking Dismissal of Charges
National Lawyers Guild will argue First Amendment protections trump park curfew violations

Chicago, IL — Motions to dismiss the charges against at least 90 Occupy Chicago activists will be heard Wednesday at 1:30pm in Daley Center. The cases stem from arrests in October of more than 300 people who were charged with violating a city-imposed curfew at Grant Park. Nearly a third of those arrested have chosen to fight their charges based on First Amendment grounds. National Lawyers Guild will be arguing for dismissal on behalf of the Occupy Chicago defendants before Municipal Court Judge E. Kenneth Wright.

What:

Court hearing to dismiss the charges against at least 90 Occupy Chicago defendants

When:

Wednesday, February 15th at 1:30pm

Where:

Room 1307 of the Daley Center, 50 W. Washington Street, Chicago

“It’s an outrage that the city is spending precious tax-payer dollars to prosecute frivolous cases, while being unwilling to give an inch to accommodate the free speech rights of Occupy Chicago activists,” said Sarah Gelsomino with the People’s Law Office, and one of the Guild attorneys who filed motions to dismiss on behalf of the defendants. The Guild has been defending Occupy Chicago activists since their arrest at Grant Park.

“This intolerance of political protest in Chicago casts serious doubts about the city’s respect for and ability to uphold the rights of dissidents in advance of the NATO/G8 demonstrations,” continued Gelsomino. “The needless arrest and prosecution of hundreds of Occupy Chicago activists sets a distressing precedent as thousands of people are expected to protest here in May.” Just last week, the city settled an NLG-led class action lawsuit for $6.2 million, in which more than 700 anti-war protesters were wrongfully arrested in 2003.

Approximately 175 people were arrested on quasi-criminal charges in the early morning hours of October 15th as activists remained protesting in the park after 11pm. A week later, on October 22nd, another 130 people were similarly arrested. Not only did the city refuse to grant Occupy Chicago an ongoing presence in any of the city’s public parks, it also has so far refused to dismiss any of the cases unless defendants agree to perform 10 hours of community service.

Of the 90 Occupy Chicago defendants who are seeking a dismissal of their charges, nearly half say they will go to trial if their motions to dismiss are denied. A ruling by Judge Wright is expected on Wednesday or shortly thereafter.

The Guild has also supported the Occupy Wall Street movement in dozens of other cities around the country through its Legal Observer™ program and by defending hundreds of people who have been arrested.

The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.

Further information:
Sample NLG motion to dismiss: http://nlgchicago.org/wp-content/uploads/NLG-Motion-to-Dismiss.pdf

A settlement has been reached in the class action law suit Vodak v. City of Chicago, brought against the Chicago Police Department on behalf of over 700 protestors who were falsely arrested during a demonstration against the Iraq war on March 20, 2003. On that date, over 10,000 protestors demonstrated in Chicago against the U.S. invasion of Iraq, marching through downtown streets and up Lake Shore Drive before Chicago Police surrounded, detained and arrested over 700 people.

Last year an important victory was achieved in the case when the Seventh Circuit Court of Appeals issued an opinion which strongly criticized the City of Chicago for its treatment of the demonstrators and reinstated the case after it had been dismissed by the District Court. This opinion, which holds that the City cannot arrest peaceful demonstrators without warning, merely because they do not have a permit, will apply to all future demonstrations.

Now, on the eve of trial, the City has finally agreed to settle this case, agreeing to provide a total of $6.2 Million to compensate the more than 700 class members.

The class is made up of three different sub-classes and the potential compensation each class member receives will depend on which sub-class they are in.
- A-3 sub-class: those who were arrested, charged and had to go to court, will receive up to $15,000
- A-2 sub-class: those arrested and released without being charged, will receive up to $8,750
- A-1 sub-class: those who were held on the street for over 90 minutes, will receive up to $500

In addition, there will be additional payments to persons who are named in the lawsuit as the class representatives and class members who were required to give depositions in the case.

Lawyers for the plaintiffs will also be negotiating with the City and petitioning the court to separately pay their legal fees and the costs of the case. This payment will be in addition to the $6.2 million paid to their clients.

There were also instances of police brutality that night and lawyers working on the case have previously settled a number of excessive force cases totaling over $300,000 in compensation for those who had handcuff injuries, broken bones and wounds requiring stitches.

This case is important not only to the class members and their attorneys, but also for civil liberties, as it scores a significant victory for the right to demonstrate in Chicago. This substantial settlement will send an unequivocal message to the City of Chicago and its police department that they must respect the right to free speech and assembly.

The class action lawsuit has been litigated by a legal team of attorneys and legal workers who are all members of the National Lawyers Guild. People’s Law Office attorneys Janine Hoft, Joey Mogul, Sarah Gelsomino and John Stainthorp, along with attorneys Melinda Power and Jim Fennerty, as well as paralegal Brad Thomson of People’s Law Office, have litigated the case for almost nine years.

For more information or updates on the settlement, visit peopleslawoffice.com or follow People’s Law Office on facebook and Twitter.

Judge Consolidates 90 Occupy Chicago Cases for Hearing on Motion to Dismiss
National Lawyers Guild attorneys defend activists, seek dismissal of park curfew charges

Chicago, IL — Municipal Court Judge E. Kenneth Wright, Jr. consolidated 90 cases today in a hearing stemming from the arrest of more than 300 Occupy Chicago activists in October who were charged with violating a city-imposed curfew at Grant Park. The dozens of activists affected by the ruling today are fighting their charges and, with the help of National Lawyers Guild attorneys, have filed motions to dismiss their cases based on a violation of their First Amendment rights. The city has until January 20th to reply to the dismissal motions and a hearing is scheduled for February 15th at 1:30pm before Judge Wright.

“It’s an outrage that the city is spending precious tax-payer dollars to prosecute frivolous cases, while being unwilling to give an inch to accommodate the free speech rights of Occupy Chicago activists,” said Sarah Gelsomino, with the People’s Law Office in Chicago and one of the attorneys who filed motions to dismiss on behalf of Occupy Chicago defendants. “This intolerance of political protest in Chicago is casting serious doubts about the city’s respect for and ability to uphold the rights of dissidents in advance of the NATO/G8 demonstrations,” continued Gelsomino. “The needless arrest and prosecution of hundreds of Occupy Chicago activists sets a distressing precedent as thousands of people are expected to protest here in May.”

Approximately 175 people were arrested on quasi-criminal charges in the early morning hours of October 15th as activists remained protesting in the park after 11pm. A week later, on October 22nd, another 130 people were similarly arrested. Out of a total of more than 300 arrests, the vast majority of Occupy Chicago activists have had their first court appearances. So far, at least 90 people have filed motions to dismiss based on a violation of their First Amendment rights, more than 40 people say they will seek a jury trial if necessary, and over 140 people have accepted the city’s offer to dismiss the charges in exchange for 10 hours of community service.

The Guild is also supporting the Occupy movement in dozens of other cities around the country through its Legal Observer™ program and by defending hundreds of people who have been arrested. The Guild has also mounted successful civil actions in several cities to protect the rights of Occupy activists.

The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.

Further information:
Sample NLG motion to dismiss: http://nlgchicago.org/wp-content/uploads/NLG-Motion-to-Dismiss.pdf

###

Chicago Chapter of the National Lawyers Guild

For Immediate Release: November 7, 2011

National Lawyers Guild Begins Defending Occupy Chicago Arrestees in Court
Motion to dismiss based on First Amendment filed today, delaying outcome of cases

Chicago, IL — Attorneys with the National Lawyers Guild this week began defending people arrested for politically protesting in Grant Park. Approximately 175 people were arrested in the early in the morning hours of October 15th as police converged on the park, seeking to enforce a city-imposed 11pm-6am curfew. The following week, on October 22nd, another 130 people were similarly arrested. In both cases, the city has applied the same municipal, quasi-criminal charge for violating the park curfew to all of the more than 300 people arrested.

Two defendants, Michael Hartge and Dominique Reid, were the first to have their cases heard today in Municipal Court. The Guild filed a motion to dismiss based on a violation of the defendants’ First Amendment rights. The city asked for a month to respond, at which point a hearing date will be set, likely early next year. The Guild is offering to file motions to dismiss on behalf of any Occupy Chicago defendants who choose to challenge their charges.

On Wednesday, five more Occupy Chicago defendants will have hearings. Four cases will be heard at 9am at Cook County Criminal Court, 155 W. 51st Street. The remaining hundreds of defendants will also have first appearances over the coming weeks.

“We stand in solidarity with the Occupy Chicago and the Occupy Wall Street movement,” said Sarah Gelsomino, a Guild attorney with the People’s Law Office in Chicago. Gelsomino is also one of the Guild attorneys defending Occupy Chicago activists in court. “It’s an outrage that the city is not only spending precious tax-payer dollars to prosecute frivolous cases, it’s also unwilling to give an inch to accommodate the free speech rights of Occupy Chicago activists.”

A group of Guild attorneys met with Corporation Counsel Stephen Patton and other city representatives on October 27th to discuss dismissing the charges and finding a permanent location for Occupy Chicago. However, the city refused to drop any of the charges or to grant Occupy Chicago an ongoing presence in any of the city’s public parks.

The Guild is supporting the Occupy movement in dozens of other cities across the country through its Legal Observer ™ program and by defending hundreds of people who have been arrested. The Guild has also mounted successful civil actions in several cities to protect the rights of Occupy protesters.

The National Lawyers Guild was founded in 1937 and is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state.

Further information:
NLG motion to dismiss: http://nlgchicago.org/occupy-chicago/motion-to-dismiss

# # #

A forum on the rising wave of repression against people who document dissent and police misconduct.

In Illinois, it is a major criminal offense to use a cell phone to audio record the police – EVEN IN A PUBLIC SPACE!  You can be sentenced to 15 years in prison!  Only 1 other state makes this a crime.  Why does Illinois have this law?  Why does our police force want to conceal its actions?

Cell phones give everyday people amazing power to document injustices, protests, and misconduct by police and officials.  Look how important they were to ordinary citizens across North Africa and the Middle East who used this technology during the “Arab Spring” to record and share the truth of their lives and their uprisings.

But in our country, police and prosecutors are taking increasingly repressive steps to stop this use of smart phones by arresting people who record events, even when it’s perfectly legal.

Meet with a panel of notable legal experts to get the facts:

Robert Johnson successfully represented Tiawanda Moore, who faced felony eavesdropping charges for audiotaping police as she attempted to have an officer investigated who sexually accosted her.  Mr. Johnson is a partner at the Chicago civil rights firm of Smith, Johnson & Antholt, LLC. (www.lawsja.com).

Jed Stone, a criminal defense lawyer from Waukegan, Illinois, is a fellow of the American Board of Criminal Lawyers who has been recognized as a Leading Lawyer in criminal trial defense and criminal appeals. He has appeared regularly on the Chicago Lawyer’s list of top criminal defense lawyers. Mr. Stone represents Gregory Koger, who is appealing misdemeanor convictions stemming from videotaping a peaceful statement at a public meeting of the Ethical Humanist Society of Chicago (www.dropthecharges.net).

Mark Weinberg, a civil rights attorney in Chicago, represents Chris Drew, who faces felony eavesdropping charges for audiotaping his own arrest as he challenged Chicago’s restrictions on artists selling their works on public streets (www.art-teez.org).

For more information, adhoc4reason@gmail.com, depaul.nlg@gmail.com or 312-593-4191

Sponsored by DePaul University College of Law and Chicago-Kent College of Law Chapters of the National Lawyers Guild, Ad Hoc Committee for Reason, Chicago Women’s Caucus for Art, the Chicago Chapter of World Can’t Wait, and ACLU Illinois.

Wednesday, November 9 at 6 P.M.

DePaul University College of Law, 25 East Jackson, Rm. 241 Lewis

NLG Chicago Occupy Chicago Hotline | 773-309-1198

We have established a 24-hour Chicago-based NLG Occupy Chicago hotline. If you have legal questions or concerns related to the Occupy Chicago protest or would like to report an arrest, please contact the Occupy Chicago hotline at 773-309-1198.

Legal Representation for Individuals Who Have Been Arrested or Ticketed

If you have been arrested or ticketed in conjunction with Occupy Chicago activity, NLG Chicago is offering to represent you at any pre-trial court date for a sliding scale fee of $10 to $100. If you have been arrested or ticketed, are interested in being represented by Guild attorneys, and have not provided NLG Chicago with your information, please download and fill out our Arrestee Information Form and email it back to us by clicking here. If you were arrested have forgotten or do not know when or where your next court date is, you can call the Cook County Clerk at 312-603-4641.

If you were arrested and know the location of your court date but do not know the date and/or time, you can call the clerk at the branch court where you will be appearing. Below is a list of phone numbers for the clerk’s office at the various branches:

51st/Wentworth – 155 West 51st Street – Branch 34 – 773-373-8878

Belmont/Western – 2452 West Belmont – Branch 29 – 773-404-3316

Flournoy/Kedzie -3150 West Flournoy Street – Branch 43 – 773-265-8927

Grand/Central – 5555 West Grand Avenue – Branch 23 – 773-804-6154

111th – 727 E. 111th – Branch 35 – 773-982-3058

If you received a ticket, but were not arrested, your case will be heard at the City’s Department of Administrative Hearings Central Hearing Facility at 400 W. Superior. If you have questions about the date and/or time of your hearing, you can call 312-742-4747. Have your ticket number ready when you call.

National NLG Occupy Protest Support and Hotlines

If you have legal questions or need legal support for an Occupy protest outside of the Chicago area, our national office has created a database of hotlines and contact information for NLG chapters and attorneys that are assisting with Occupy protests throughout the country. The database is available at: http://www.nlg.org/occupy.

Know Your Rights

Whether you are an activist, organizer, or simply an ordinary person, it is essential that you know your rights and feel comfortable exercising them. To that end, NLG Chicago is offering the following resources for individuals who participate in the Occupy Chicago movement:

The National Layers Guild has a long tradition of standing up to government repression. We recently updated our 16-page manual, You Have the Right to Remain Silent, which is a basic primer for law enforcement encounters. There is also an Arabic version of this manual available here.

The Center for Constitutional Rights, which was founded by Guild attorneys, publishes a 48-page booklet for activists and organizations targeted by federal law enforcement agencies entitled If an Agent Knocks.

The National Lawyers Guild’s Military Law Task Force recently created a short brochure, Legal Support for Members of the US Military participating in the Occupy Wall Street Protests, with Know Your Rights information for members of the US military. The Military Law Task Force has more detailed Know Your Rights information here.

For additional resources and information about your rights and how to assert them, click here.

Legal Observers

Lastly, as always, the NLG Chicago Chapter provides legal observers to monitor police activity and potential infringement of First Amendment rights at local rallies, demonstrations, and direct actions. To request legal observers, please email chicago.lo.program@gmail.com with information about your planned action. For more information about our Legal Observer Program and how to request legal observers, click here.

Mass Incarceration Symposium
Saturday, November 5th, 11:00 a.m. – 3 p.m.
At the John Marshall Law School, 315 S. Plymouth Court, Room 420

Agenda:
11 a.m. – 12:30 p.m. – Mandatory Minimum Sentencing Panel

Featuring Defense Attorney MiAngel Cody; State’s Attorney Steve Rosenblum; and Federal Defender Carol Brook

12:30 p.m. – 1 p.m. – Free Lunch
1 p.m. – 3 p.m. – Prison Conditions Panel

Featuring Steven Shobat, Defense Attorney and Professor of Prisoners’ Rights; Nathson Fields, who has brought prison conditions lawsuits while in prison and on death row for a crime he did not commit; Jim Chapman, prison conditions litigator and teacher at Stateville Correctional Center; Dr. Scott Chavez, Vice President of National Commission on Correctional Health Care; and Alan Mills, legal director of Uptown People’s Law Center.

Click the photo for more information.

The Symposium is in conjunction with the Prisoners Book Drive.
Bring any books you wish to donate to the event!

Email jmls.nlg@gmail.com to register for CLE Credit.
Free and open to the public.
RSVP: jmls.nlg@gmail.com

Sponsored by the John Marshall Chapter of the National Lawyer’s Guild and the John Marshall Democrats