T
The420Guy
Guest
MARIJUANA PETITIONER SUES WALMART OVER ARREST
On February 13, the publisher of a small newspaper in northern
California sued WalMart Stores Inc. and a manager of its Ukiah branch
for false arrest, false imprisonment and violations of civil and
constitutional rights. A year ago, local police took Green Party
organizer Richard Johnson to county jail where he was held for five
hours over a local marijuana decriminalization initiative petition he
was circulating outside the store.
Johnson is the publisher of the MENDOCINO COUNTRY Environmentalist,
as well as co-author and campaign manager for the personal use of
cannabis initiative.
Approved by 58% of the voters in November's election, Measure G
requires county supervisors to lobby against marijuana prohibition,
forbids the sheriff or DA from using public funds to investigate or
prosecute for any garden smaller than 25 plants, requires them to make
marijuana their lowest enforcement priority, and to report once a year
on their marijuana enforcement activities.
Local officials contend that federal and state laws prevent them from
observing its provisions.
Because he could find no lawyer willing to take his case to superior
court, Johnson was forced to file in Mendocino County's small claims
court. Nevertheless, he is demanding $50,000 in general damages from
both WalMart and the assistant manager who ordered police to arrest
him.
A major signature gatherer for Measure G, Johnson had been
petitioning alone in the same spot for some six weeks when WalMart
finally ordered police to arrest him for trespass. But he says he
never interfered with the flow of customers into or out of the store.
The following week, eight others were ritually arrested and released
in a free speech protest at the site.
In a formal legal opinion on this case published on March 2 of that
year, Mendocino County district attorney Norman Vroman refused to file
charges against Johnson or the protesters writing, "it is determined
that the alleged acts do not rise to the level of a criminal offense.
Therefore, criminal charges are not merited.
"The basis of this decision rests upon the legal principles set forth
in the case of Robin vs. The Pruneyard Shopping Center. That case
upheld that under the California Constitution the public has the right
to engage in free speech and petitioning on public property when that
location has the characteristics of a public forum. If the commercial
property becomes a place where people congregate, the owner's property
rights must yield to the public's right to engage in expressive
activity."
In ordering the arrest, the assistant manager declared to police that
the content of the Measure G petition was contrary to WalMart's
"family atmosphere."
This established WalMart's intent to interfere with Johnson's
petitioning and if possible to chill others from similarly gathering
signatures for Measure G.
This intent belies management insistence on WalMart's restrictive
rules for petitioning insofar as those rules include prior review of
materials to be shown to the public. Johnson maintains that those
rules compromise political rights of petitioners far beyond any
legally necessary protection of property and commerce.
A hearing is set for April 11. Johnson expects that if he prevails in
small claims, WalMart will appeal to higher courts where its legal
muscle has lately been severely circumscribing the reach of the
Pruneyard decision. For more information, call 800-464-0559.
--
----
Dale Gieringer (415) 563-5858 // canorml@igc.org
2215-R Market St. #278, San Francisco CA 94114
On February 13, the publisher of a small newspaper in northern
California sued WalMart Stores Inc. and a manager of its Ukiah branch
for false arrest, false imprisonment and violations of civil and
constitutional rights. A year ago, local police took Green Party
organizer Richard Johnson to county jail where he was held for five
hours over a local marijuana decriminalization initiative petition he
was circulating outside the store.
Johnson is the publisher of the MENDOCINO COUNTRY Environmentalist,
as well as co-author and campaign manager for the personal use of
cannabis initiative.
Approved by 58% of the voters in November's election, Measure G
requires county supervisors to lobby against marijuana prohibition,
forbids the sheriff or DA from using public funds to investigate or
prosecute for any garden smaller than 25 plants, requires them to make
marijuana their lowest enforcement priority, and to report once a year
on their marijuana enforcement activities.
Local officials contend that federal and state laws prevent them from
observing its provisions.
Because he could find no lawyer willing to take his case to superior
court, Johnson was forced to file in Mendocino County's small claims
court. Nevertheless, he is demanding $50,000 in general damages from
both WalMart and the assistant manager who ordered police to arrest
him.
A major signature gatherer for Measure G, Johnson had been
petitioning alone in the same spot for some six weeks when WalMart
finally ordered police to arrest him for trespass. But he says he
never interfered with the flow of customers into or out of the store.
The following week, eight others were ritually arrested and released
in a free speech protest at the site.
In a formal legal opinion on this case published on March 2 of that
year, Mendocino County district attorney Norman Vroman refused to file
charges against Johnson or the protesters writing, "it is determined
that the alleged acts do not rise to the level of a criminal offense.
Therefore, criminal charges are not merited.
"The basis of this decision rests upon the legal principles set forth
in the case of Robin vs. The Pruneyard Shopping Center. That case
upheld that under the California Constitution the public has the right
to engage in free speech and petitioning on public property when that
location has the characteristics of a public forum. If the commercial
property becomes a place where people congregate, the owner's property
rights must yield to the public's right to engage in expressive
activity."
In ordering the arrest, the assistant manager declared to police that
the content of the Measure G petition was contrary to WalMart's
"family atmosphere."
This established WalMart's intent to interfere with Johnson's
petitioning and if possible to chill others from similarly gathering
signatures for Measure G.
This intent belies management insistence on WalMart's restrictive
rules for petitioning insofar as those rules include prior review of
materials to be shown to the public. Johnson maintains that those
rules compromise political rights of petitioners far beyond any
legally necessary protection of property and commerce.
A hearing is set for April 11. Johnson expects that if he prevails in
small claims, WalMart will appeal to higher courts where its legal
muscle has lately been severely circumscribing the reach of the
Pruneyard decision. For more information, call 800-464-0559.
--
----
Dale Gieringer (415) 563-5858 // canorml@igc.org
2215-R Market St. #278, San Francisco CA 94114
