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After the incident at the Hillcrest branch, Olson became more involved in the election. He traveled to see family in Portland. His protests against Bank of America gradually came to an end.

Unlike the chalk, city attorney Jan Goldsmith’s memory did not fade, and neither did Freeman’s.

On August 28, 2012, Bill Miles from San Diego’s Gang Unit knocked on Olson’s door to his apartment on Landis Street in North Park.

“I thought it was a joke at first. It was the last thing I thought would happen,” Olson says about the visit from the head of the Gang Unit. “The more I thought, the more I realized that these banks and their executives can throw tons of money at local politicians. That’s bound to have some impact.”

Olson’s partner, Stephen Daniels, was also home when Miles came for a chat.

“When they have to focus their energies on this type of trite, insignificant case, doesn’t that take away from the interest of the people?” Daniels asks. “I’d prefer if they focused on the real criminals. Don’t the cops from the gang task force have better things to do?”

On January 7, 2013, Freeman sent an email to officer Bill Miles from the San Diego Police Department’s Gang Unit and Nicole Kukas from the San Diego City Attorney’s Office.

“Any updates on this court filing?” Wrote Freeman in the email.

Freeman didn’t have to wait very long for a response from the City Attorney’s Office. Two minutes later, Kukas replied, “Thank you for checking in on this case. It is still under review. I will give you an update by the end of the week.”

Ten days later, on January 17, Freeman sent another email asking the same question.

Bill Miles from the San Diego Police Department’s Gang Unit responded, “I appreciate your patience. I will forward this to the City Attorney.”

On April 15, Paige Hazard from the City Attorney’s Office gave Freeman the good news: “I wanted to let you know that we will be filing 13 counts of vandalism as a result of the incidents you reported.”

Considering the time and the hours spent on the case, the city attorney must see some significance to the case. Not surprisingly, Mayor Filner is not on the same page with the city’s top lawyer.

On June 12, five days before the hearing to dismiss the case, Filner was asked about the case. The mayor hadn’t heard anything about it at the time. He did, however, have some concerns and didn’t rule out taking action to stop it.

“I’ve been known to defend the First Amendment,” Filner said during a June 12 interview. “I’ve been known to get arrested for the First Amendment from time to time in the past.”

Defend, Filner did, at least in part. Eight days later, on June 20, Filner issued a memo to council president Todd Gloria and City Attorney Goldsmith. It read in part:

“This young man is being persecuted for thirteen counts of vandalism stemming from an expression of political protest that involved washable children’s chalk on a City sidewalk. It is alleged that he has no previous criminal record. If these assertions are correct, I believe this is a misuse and waste of taxpayer money. It could also be characterized as an abuse of power that infringes on First Amendment particularly when it is arbitrarily applied to some, but not all, similar speech.”

Yet, despite opposition from the mayor or public support, the city attorney has moved forward.

“Vandalism is against the law in the state of California,” writes a city attorney spokesperson. “Graffiti is a form of vandalism. Various substances could be used, including chalk, to commit vandalism because defacement does not incorporate an element of permanence. Therefore a marring of the surface is no less a defacement because it is more easily removed. Case law stating that damage does not need to be permanent: In re Nicholas Y (2000) 85 CA 4th 941, 944.”

Does that mean any kid with a piece of chalk wanting to play a game of hopscotch is a vandal?

“As to the question of young children drawing on the sidewalk, it is unlikely that they would possess the requisite criminal intent of acting with malice.

“Though an act might seem harmless on its face, investigation and eradication costs can be substantial. All aspects of a case (e.g. the evidence, the type of charge, damage to a victim) will be considered and also balanced against our need to use resources effectively and efficiently.”

According to the City Attorney’s Office, in the past two years there was only one other case of a mad chalker temporarily tagging property. That case, however, was dismissed for lack of evidence.

Olson assumes there is some political motivation by the city attorney to forge ahead.

“I can’t believe they are actually going through with this,” says Olson outside the courtroom before the June 17 hearing. “It’s no mystery that Goldsmith has ties to big business. How do you think he was able to raise tens of thousands of dollars for his campaign for city attorney? He didn’t even have an opponent.”

The conspiracy theories stop and the anxiety takes charge. “It’s crazy; I’ve never been inside a courtroom before. I’m anxious but also still wanting to fight this. I just can’t believe this is happening,” he says with nervous laughter.

“This is a perfect form of civil disobedience, that is non-violent, non-destructive, and a way for people to exercise their right to free speech.”

Weeks before the trial was set to begin, Goldsmith offered Olson a plea deal. Goldsmith would drop the case if Olson agreed to give $6000 to Bank of America, give up his license, waive his Fourth Amendment right, and serve three years’ probation.

Using the city attorney’s math, each chalking incident, 19 in all, cost the bank anywhere from $225 to $400 to clean. That and all of the employee time spent on the matter.

Olson refused the deal.

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Comments

David Dodd July 3, 2013 @ 1:17 p.m.

I'm very proud of the Reader for this piece, the entire coverage of Jeff Olson's ordeal, and for exposing the audacity of the City Attorney for prosecuting Olsen with taxpayer dollars (the City Attorney should not only be dismissed but also be order to pay all court expenses out-of-pocket). This made National news, and thanks to Mr. Hargrove, it is a perfect example of how alternative weekly publications are notoriously necessary, since mainstream media fails to provide proper coverage on how all branches of government are so easily manhandled by huge corporations. Olson has proven his point here, even more so than having done nothing more than drawing what amounts to harmless hopscotch chalk patterns on city sidewalks, in that large corporate entities seem to be powerful enough to direct the government to cast off a shoe and use it to smash us often-helpless slugs into submission. Good job Mr. Hargrove, and good job Mr. Olson, I thank you both.

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HonestGovernment July 3, 2013 @ 3:03 p.m.

Great to read about all the background on Jeff Olson and the lead-up to the charges and trial. Good story, and congratulations to Dorian Hargrove for shining a light on the events. Also, congratulations to Jeff Olson and Tom Tosdal for standing up for principle and for winning.

Hoping this is Part 1. Want to know more about the courtroom atmosphere and the jurors. More!

I continue to be shocked at the thought of Jeff Olson losing his 4th Amendment rights in order to avoid trial. Are the San Diego cops so overstaffed and unbusy that they could find time to randomly search Olson's home and person, ... for chalk or political literature? What?

The extreme plea deals offered and the arrogance of the judge, who criticized the press and media for reporting the maximum charges Jeff Olson faced (as if reporters are obligated to assure the public that the worst would never happen?), are frightening. I hope this abuse of the City Attorney's office brings about some internal changes in the official protocol for deciding on charges brought, and some deep introspection among the Deputy City Attorneys as to the political nature of the office and their boss. They might do a little protesting of their own in the future. I'm also curious if any of the five DCAs in the courtroom on the final day were from the Civil Rights division, if there is one.

4

BlueSouthPark July 3, 2013 @ 5:21 p.m.

I wondered what Olson's T-shirt said. Knowing that it says I am displeased with the entire situation makes me even madder that the "deals" that the city offered included anger management. Olson presented himself with gentle mildness when confronted by the BofA security jerk and by the police officers who were sicced on Olson. Even the chalked protests were polite, as I'm sure the jury noticed.

The cheapest, laziest way to insult someone whose point of view is at variance with your own is to declare them "angry" or in need of behavior modification. It's the sort of cheap shot that Goldsmith and the cabal take toward Mayor Filner, day in and day out. Those people place great value on sticking the knife in with a quiet and sickly smile, smug comments, and supercilious remonstrations. It prevails in the City Attorney's office. The "deal" for Olson of taking anger management classes was twisted and insulting. In honor of Kafka's birthday, I'll paraphrase: In the fight between Goldy's cabal and the world, I'll back the world. Round One goes to Olson-Tosdal.

(Goldsmith and the cabal, so pissed that DeMaio didn't win, must have never seen him fly into a rage in council meetings, demeaning anyone who didn't agree with him. We really are blessed that he is confined to sending out pleas for money, and isn't sitting in City Hall giving away favors and money to the cabal. I'll take Filner's honest outrage, any day, and wish we had a City Attorney that was his equal.)

3

Fred Williams July 3, 2013 @ 9:08 p.m.

Jeff Olson's acquittal on all counts is not the end of this saga.

Next, let's watch Goldsmith squirm, as Freeman loses his job, and the City and SDPD are sued for damages.

But I bet Olson being a true gentleman, would agree to drop the matter if Goldsmith, Officer Miles, and Freeman would simply apologize with sincerity and refrain from such misconduct in the future.

Perhaps the Mayor's office could arrange a press conference where he apologizes, on behalf of the City, and invites Goldsmith and the others to do so as well.

That would be sweet...and justified, and the only scenario where the city doesn't lose even more money because of ferret-top and the SDPD maliciously collaborating with big businesses to violate the constitutional rights of citizens.

3

BlueSouthPark July 3, 2013 @ 10:11 p.m.

That's a nice idea, Fred. I like it. Also, Filner could announce he isn't going to attend any more closed sessions until Goldsmith apologizes to everyone and Andrew Jones apologizes to Rosa Parks' family.

2

nostalgic July 4, 2013 @ 2:06 p.m.

What will happen next? This was a criminal, not a civil suit. I am not sure the city has to pay the winning lawyer. Then, it would take a civil suit for "false arrest"? Please, some of you lawyers, help us out here.

0

SurfPuppy619 July 4, 2013 @ 3:42 p.m.

Yes, a federal lawsuit is next, usually in federal court, against the City ......and SDPD.

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SurfPuppy619 July 4, 2013 @ 3:45 p.m.

"Deputy city attorney Hazard fires back, “The people do feel chalk is defacement. Mr. Olson did not seek authorization from the Bank of America or the City of San Diego to write messages on the sidewalk." Oh brother......"authorization" on a public sidewalk...Hazard should put on a Batman outfit and try to act in movies instead of a courtroom.

"The goal of this case is to address blight. We prosecute cases to protect the quality of life for residents.” The goal of this case was to jump at the command of your corporate master. I wonder if Squirrel Toupee can "Roll Over" and "Sit" just as good.......

2

HonestGovernment July 4, 2013 @ 4:06 p.m.

When anyone from the San Diego City Attorney's office starts talking about the quality of life of residents, I want to run far, far away.

2

SurfPuppy619 July 4, 2013 @ 6:22 p.m.

Tell Ferret Head to ask B of A[ss] how the "quality of life" is going for the home owners they DEFRAUDED with their robo-signing foreclosures.......

3

Writeon July 5, 2013 @ 6:21 p.m.

Ferret Head! I will never see this guy the same way again!

0

bartleby88 July 5, 2013 @ 12:41 p.m.

Unfortunately, nowadays when a government official says he is "concerned with the public welfare" means there is a red flag going up and you better be very careful in what will happen next.

1

HonestGovernment July 4, 2013 @ 4:53 p.m.

This charge filed by Goldsmith's attorneys led me to do a little reading about who Goldsmith is. I started with this profile. It says nothing about what he was doing prior to 1988, pretty odd for someone who was admitted to the Cal Bar in 1976. The San Diego Daily Transcript had the only Internet mention of his work and partnership at two law firms, Seltzer Caplan and Dorazio, Barnhorst, Goldsmith & Bonar. I couldn't imagine why these affiliations aren't present in any of his public resumes.

Perhaps this is why: His biggest claim to fame at Dorazio, Barnhorst, Goldsmith & Bonar was, from 1981 to 1985, defending against deportation a former officer of the Latvian Political Police. The Board of Immigration ruling for deportation produced witnesses describing Goldsmith's client, as an "armed, paid, full-time, relatively high-ranking officer" who, from 1941 to 1943, at a Riga, Latvia Nazi-controlled prison "assisted and otherwise participated in the persecution of persons because of political opinion." It's just so ironic.

Goldsmith took the case to the US Court of Appeals, Ninth Circuit, and won, based on the narrow ruling that no living witnesses were produced who could actually state that they were beaten or tortured (or killed?). Goldsmith's client, Laipenieks, was not deported and remained in the US, dying in 1998 in La Jolla at the age of 84.

2

rdotinga July 4, 2013 @ 5:38 p.m.

That's very interesting background. But it's hard to know if the case against the Latvian guy was bogus or not.

Btw, the profiles on the site you mention don't seem to include non-political jobs. Bob Filner's bio, for example, only starts in 1975. http://www.joincalifornia.com/candidate/5980

1

dlwatib July 5, 2013 @ 11:56 a.m.

Thank God the jury had a modicum of common sense and refused to convict on such ridiculous, trumped-up charges. But we are still left with the evidence that our police force, our District Attorney, and the judge in the case were too corrupt to see the stupidity of prosecuting this case in the first place. Plus, where were the voices of reason in our state legislature when it was decided to include chalk markings as vandalism?

I can't believe that the generation that lived through the protests of the Vietnam War era would grow up into such doltish totalitarian dictators. At least this protestor didn't get gunned down like the protestors at Kent State.

4

Writeon July 5, 2013 @ 6:52 p.m.

Long before mortgage meltdowns and people losing their homes, Bank of America didn't have a great reputation with account holders that I know. Now that we know badmouthing "B of A" via "chalking" ruffles their panties so badly, the biggest fear for "B of A" might be making themselves a target for continued forms of expression. So "chalking" hits a nerve with big, bad, "B of A"? It must hurt when control has it's limits. How about "chalking" half a block away? What are you going do then "B of A"? Thanks for the efforts in bringing this story to us readers. I think of Mr Olson's protest and expression of free speech while also reflecting on the protests going on in Egypt right now. Crying about chalk on the sidewalk? The well-heeled multinational has it so tough. Some people don't like you "B of A". Deal with it. How much is chalk going for these days anyways?

1

ejs July 7, 2013 @ 4 p.m.

If the Bank of America did force this prosecution and the City Attorney filed and pursued it in order to further his political ambitions (quite a miscalculation, if true), then I think the Bank should be sued in civil court for malicious prosecution and abuse of process.

1

SurfPuppy619 July 7, 2013 @ 6:07 p.m.

If the Bank of America did force this prosecution and the City Attorney filed and pursued it in order to further his political ambitions (quite a miscalculation, if true), then I think the Bank should be sued in civil court for malicious prosecution and abuse of process.

Well believe it or not, this is not against the law for the city attorney to do, and they can even act in a malicious manner and still get what is known as prosecutorial immunity. B of A and SDPD may be sued, but not the CA (again the City can but only b/c they employ SDPD)..

1

tonybob49 July 9, 2013 @ 12:47 p.m.

Does no one think this whole thing was due to BofA's "Corporatre Security VP", Darrell Freeman being a homophobe? He's a member of some armed evangelical group out of Orange County, the Royal Rangers. Olson is gay and no doubt Freeman picked up on this (he's working in a BofA in Hillcrest?!?!?!?).
The gay community should start closing accounts with the bank. Then they won't need a Hillcrest branch. And the Gay and Lesbian community leaders should look into this. This could be bigger than Paula Deen.

1

Jeff_O July 10, 2013 @ 10:26 p.m.

Chalk the BofA / Turn your back on bankster thugs: SD Pride edition!

https://www.facebook.com/events/649817271735091/?ref=14

An injury to one is an injury to all! Tell the Wall Street bankster thugs from BofA that it takes more than one day of platitudes to atone for their crimes against Jeff Olson, our community and our nation.

sdgln.com/news/2013/07/01/chalk-protester-against-big-banks-found-not-guilty-all-counts

Turn your backs when their sycophantic sympathizers march in our parade and join the fun chalking our city sidewalks in front of their Hillcrest crime scene at 737 University Ave. Bring washable chalk and your creative spirit.

www.huffingtonpost.com/2013/06/25/jeff-olson-california-banks_n_3499177.html

As we march into the mainstream, let's not forget our radical roots!

0

villageram July 9, 2013 @ 2:31 p.m.

I meant to leave my account with Bank of Amerika back in the day when Olsen was protesting and there was all the protesting but I didnt. Last week I did. F-U Banks of Amerika!!

1

dwoodwhe July 12, 2013 @ 1:41 p.m.

This is ridiculous. Olson made no attempts to conceal his identity, and the Gang Task Force waits until 13 complaints pile up before acting? I believe the punishment should fit the crime. Make the Gang Task Force pay for 12/13ths of the clean up from their budget, since the whole mess could have been cleaned up after the first incident.

Make BoA pay for the remaining incident, since a protest would not have been needed had their policies towards their customers not been nasty.

In addition, fire those in charge of the ineffective Gang Unit, who couldn’t catch someone who wasn’t hiding. Hire Olson to fill the resulting job opening. He has proven his abilities to draw chalk outlines, a useful police technique.

0

BillRayDrums Aug. 15, 2013 @ 12:17 p.m.

Hazard sounds like she needs to go back to civics class and stop being such a bad American. What a disgrace.

0

LoveBeautyNGlam Aug. 18, 2013 @ 8:47 p.m.

I would find this ridiculous except just about 2 weeks ago my Best Friend's apartment complex took her children's chalk off of her front porch, hosed off the basic scribbles by a 2 & 7 year old on the walkway leading up to her door before it had a chance to rain and then sent her a warning for graffiti. HA! is all I have to say. I can't wait to sent her this article.

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