CITY OF CHICAGO AGREES TO PAY $6.2 MILLION IN CLASS ACTION FOR PROTESTORS ARRESTED AT 2003 ANTI-WAR PROTEST

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.

MEDIA ADVISORY
Chicago Chapter of the National Lawyers Guild
For Immediate Release: December 21, 2011

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

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PRESS RELEASE

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: https://nlgchicago.org/occupy-chicago/motion-to-dismiss

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In its continuing effort to defend the right to dissent, the National Lawyers Guild of Chicago is offering to support individuals who are involved in the Occupy Chicago movement in several ways.

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.