Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Chalking the plank: Judge won't allow bank protester to claim first amendment rights

Arguments are set to begin tomorrow morning.

The First Amendment has no place in Superior Court Judge Howard M. Shore's courtroom, not when it comes to vandalism with water soluble chalk.

Today the trial began in the case of a San Diego man who is being charged with 13 counts of vandalism for writing anti-big-bank slogans with washable children's chalk on a sidewalk outside of three Bank of America branches in Mid-City.

http://sandiegoreader.com/users/photos/2013/jun/25/48122/

On one side sat Jeff Olson, the 40-year-old political activist who protested against the bailout of the big banks early last year. On the other side was Deputy City Attorney Paige Hazard and law student and city attorney employee William Tanoury. Also accompanying Hazard were two other representatives from the City Attorney's side.

For Olson, and any free-speech advocates and political activists, the day couldn't have gone much worse.

Judge Shore granted Hazard's motion to prohibit Olson's attorney Tom Tosdal from mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial.

"The State's Vandalism Statute does not mention First Amendment rights," ruled Judge Shore.

The trial, stated the judge, should only focus on whether or not Olson is guilty of vandalism and not what his motivations behind the vandalism were. Shore cited the case, Mackinney v. Nielsen 69 F.3d 1002 (9th Cir.1995), where a man was acquitted after a court ruled that use of chalk was not considered vandalism. The law was later changed to define vandalism as defacement "with graffiti or other inscribed material."

After the ruling, during recess, Olson exited the court breathing deep breaths.

"Oh my gosh," he said. "I can't believe this is happening."

Tosdal exited the court room shortly after. "I've never heard that before, that a court can prohibit an argument of first amendment rights"

Arguments are set to be heard tomorrow morning, after the jury is selected.

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

Coyote tracks in frail San Diego avocado grove

Second place winner in Reader neighborhood writing contest
Next Article

Mid-range fleet scoring bluefin limits off Ensenada

Rockfish to open at all depths April 1st (no foolin’)

The First Amendment has no place in Superior Court Judge Howard M. Shore's courtroom, not when it comes to vandalism with water soluble chalk.

Today the trial began in the case of a San Diego man who is being charged with 13 counts of vandalism for writing anti-big-bank slogans with washable children's chalk on a sidewalk outside of three Bank of America branches in Mid-City.

http://sandiegoreader.com/users/photos/2013/jun/25/48122/

On one side sat Jeff Olson, the 40-year-old political activist who protested against the bailout of the big banks early last year. On the other side was Deputy City Attorney Paige Hazard and law student and city attorney employee William Tanoury. Also accompanying Hazard were two other representatives from the City Attorney's side.

For Olson, and any free-speech advocates and political activists, the day couldn't have gone much worse.

Judge Shore granted Hazard's motion to prohibit Olson's attorney Tom Tosdal from mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial.

"The State's Vandalism Statute does not mention First Amendment rights," ruled Judge Shore.

The trial, stated the judge, should only focus on whether or not Olson is guilty of vandalism and not what his motivations behind the vandalism were. Shore cited the case, Mackinney v. Nielsen 69 F.3d 1002 (9th Cir.1995), where a man was acquitted after a court ruled that use of chalk was not considered vandalism. The law was later changed to define vandalism as defacement "with graffiti or other inscribed material."

After the ruling, during recess, Olson exited the court breathing deep breaths.

"Oh my gosh," he said. "I can't believe this is happening."

Tosdal exited the court room shortly after. "I've never heard that before, that a court can prohibit an argument of first amendment rights"

Arguments are set to be heard tomorrow morning, after the jury is selected.

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.