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The University of Colorado's use of an electronic dragnet to collar participants in a pro-marijuana rally could be tested in court.
Three of the students whose photographs taken at the rally were posted online along with the offer of a reward for identifying them to CU police plan to sue the university in federal court for violating their civil rights, their attorneys said Wednesday.
"It's not OK to brand them as criminals, to put a $50 price on their head, to treat them like Jesse James and Jill James," attorney Perry Sanders said at a news conference at CU's Farrand Field, site of the annual "4/20" pro-marijuana rally.
Sanders is representing sophomores Makenna Salaverry, Megan Malone and Somerset Tullius.
He said the three told him they were at the rally, but not smoking marijuana. When asked if they knew that CU had posted no-trespassing signs on the field that day, he declined to answer, saying, "That's attorney client privilege."
For several years CU students have gathered on campus each April 20, to smoke marijuana and rally for changes in marijuana law.
"Anybody can sue for anything, and apparently this is a classic example of that. This case is so crazy that even I, who am not a lawyer, could win this one," said CU spokesman Barrie Hartman.
Sanders said CU and its police department went too far when it took photos of 150 participants, posted a link to them on the popular college Web site facebook.com, and offered $50 rewards for identifying the students.
Hartman said CU posted no-trespassing signs, took photos and offered rewards because "we were looking for a responsible and restrained way to deter students from participating in an illegal event."
The signs also warned that the field was under surveillance and there were uniformed officers taking photos, some of which rally participants posed for, Hartman said.
Smoking pot is considered a petty offense, punishable by a fine up to $100. However, attendees also could face other charges such as trespassing.
CU has tried various measures to discourage the gathering, including turning on the field's sprinkler system. This year, it announced the field would be closed from noon to 5 pm. Some 3,000 people, mostly students, showed up anyway.
But Sanders said CU should have dropped the whole thing, or made sure they were only pursuing those they knew were smoking marijuana.
To actively pursue trespassing charges against thousands of students who simply were on the field, is tantamount to harassment, he said.
"They knew there were innocent people being photographed," he said.
The university's actions damaged some students' reputations, said Sanders, who noted Tullius begins an internship at the Vatican next week.
Note: Women plan to sue CU after police put rally pictures on Web.
Newshawk: Urdedpal -420 Magazine
Source: Rocky Mountain News (Denver, CO)
Author: Bill Scanlon, Rocky Mountain News
Published: May 11, 2006
Copyright: 2006, Denver Publishing Co.
Three of the students whose photographs taken at the rally were posted online along with the offer of a reward for identifying them to CU police plan to sue the university in federal court for violating their civil rights, their attorneys said Wednesday.
"It's not OK to brand them as criminals, to put a $50 price on their head, to treat them like Jesse James and Jill James," attorney Perry Sanders said at a news conference at CU's Farrand Field, site of the annual "4/20" pro-marijuana rally.
Sanders is representing sophomores Makenna Salaverry, Megan Malone and Somerset Tullius.
He said the three told him they were at the rally, but not smoking marijuana. When asked if they knew that CU had posted no-trespassing signs on the field that day, he declined to answer, saying, "That's attorney client privilege."
For several years CU students have gathered on campus each April 20, to smoke marijuana and rally for changes in marijuana law.
"Anybody can sue for anything, and apparently this is a classic example of that. This case is so crazy that even I, who am not a lawyer, could win this one," said CU spokesman Barrie Hartman.
Sanders said CU and its police department went too far when it took photos of 150 participants, posted a link to them on the popular college Web site facebook.com, and offered $50 rewards for identifying the students.
Hartman said CU posted no-trespassing signs, took photos and offered rewards because "we were looking for a responsible and restrained way to deter students from participating in an illegal event."
The signs also warned that the field was under surveillance and there were uniformed officers taking photos, some of which rally participants posed for, Hartman said.
Smoking pot is considered a petty offense, punishable by a fine up to $100. However, attendees also could face other charges such as trespassing.
CU has tried various measures to discourage the gathering, including turning on the field's sprinkler system. This year, it announced the field would be closed from noon to 5 pm. Some 3,000 people, mostly students, showed up anyway.
But Sanders said CU should have dropped the whole thing, or made sure they were only pursuing those they knew were smoking marijuana.
To actively pursue trespassing charges against thousands of students who simply were on the field, is tantamount to harassment, he said.
"They knew there were innocent people being photographed," he said.
The university's actions damaged some students' reputations, said Sanders, who noted Tullius begins an internship at the Vatican next week.
Note: Women plan to sue CU after police put rally pictures on Web.
Newshawk: Urdedpal -420 Magazine
Source: Rocky Mountain News (Denver, CO)
Author: Bill Scanlon, Rocky Mountain News
Published: May 11, 2006
Copyright: 2006, Denver Publishing Co.
