NLG CHICAGO

by

Occupy Chicago Activists Back in Court


MEDIA ADVISORY
Chicago Chapter of the National Lawyers Guild
For Immediate Release: March 27, 2012
Contact: NLG Legal Worker Kris Hermes 510-681-6361 or NLG Attorney Sarah Gelsomino 773-520-8246

More than Ninety Occupy Chicago Activists Back in Court Wednesday Seeking Dismissal of Charges
City continues to use procedural issues to drag out legal cases and duck claims of First Amendment violations

Chicago, IL— At least 94 Occupy Chicago defendants will have their day in court again Wednesday, as the city uses procedural issues to drag out the legal cases and avoid accountability for what National Lawyers Guild attorneys are saying were clear First Amendment violations. The cases stem from arrests last 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 and are being represented by Guild attorneys and others, who will be arguing motions to dismiss on Wednesday at 1:30pm in Daley Center.What:

Court hearing aimed at dismissing the charges against more than 90 Occupy Chicago defendants

When:

Wednesday, March 28th at 1:30pm

Where:

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

“The city is showing its intolerance of the First Amendment by refusing to relent against activists arrested last year for protesting in the park,” 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. “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.”

Although hundreds of Occupy Chicago activists were arrested last year with many of them jailed for up to 24 hours, the city is now claiming that the resulting legal cases are civil, not criminal. The city is also using legal procedure to omit defendant affidavits — the statements of arrested Occupy Chicago activists — in an attempt to drag out the proceedings.

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 more than 90 Occupy Chicago defendants who are seeking a dismissal of their charges, more than half say they will go to trial if their motions to dismiss are denied.

“The city’s posture on the Occupy Chicago cases casts serious doubts about its respect for and ability to uphold the rights of dissidents in advance of the NATO demonstrations in May,” continued Gelsomino. Also, just last month, 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.

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: https://nlgchicago.org/wp-content/uploads/NLG-Motion-to-Dismiss.pdf

by

Update from February 15th Hearing on Occupy Chicago Motions to Dismiss

Sisters and Brothers of Occupy Chicago:

Thank you to everybody who came down to the Daley Center this afternoon for the first hearing on the Motion To Dismiss.  For those of you unable to attend, John Stainthorp and Tom Durkin did an excellent job arguing the Motion of behalf of all the defendants.  However, due to several unresolved legal issues in the matter, the judge was not able to make a ruling on the Motion, and the hearing will now be continued for several more court dates.  Here’s what we have scheduled going forth:

-TOMORROW, February 16th, we will return to Room 1307 of the Daley Center at 1:30PM to address issues pertaining to your bonds.  This will have an important effect on your ability to travel out of state, or to remain “green” for future political actions, in addition to the impact it will have on this case.  Your lawyer, or someone from the NLG, will contact you tomorrow evening to inform you of the judge’s decision.

-The City will have until February 29th to file their Motion to Strike Affidavits, to which we will have until March 14th to file a Response Memorandum, to which the City will have until March 28th to file their Reply Memorandum in turn.  None of these dates involve a return to court, as this is just some procedural business.

-The hearing on the Motion To Strike Affidavits, which will involve us returning to court, is set for April 18th, again in Room 1307 at 1:30PM

If you have any questions or concerns, please contact your attorney, or the National Lawyers Guild at www.nlgchicago.org.

by

Ninety Occupy Chicago Activists Go to Court Seeking Dismissal of Charges

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: https://nlgchicago.org/wp-content/uploads/NLG-Motion-to-Dismiss.pdf

# # #

Contact

637 S. Dearborn St., 3rd Floor
Chicago, IL 60605

(773) 492-1405
chicago[@]nlg.org