© AFP Photo / Mark Ralston
Jeff Olson, the 40-year-old man who is being prosecuted for scrawling anti-megabank messages on sidewalks in
water-soluble chalk last year now faces a 13-year jail sentence.
A judge has barred his attorney from mentioning freedom of speech during trial.According to the
San Diego Reader, which reported on Tuesday that a judge had opted to prevent Olson's attorney from "mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial," Olson must now stand trial for on 13 counts of vandalism.
In addition to possibly spending years in jail, Olson will also be held liable for fines of up to $13,000 over the anti-big-bank slogans that were left using washable children's chalk on a sidewalk outside of three San Diego, California branches of Bank of America, the massive conglomerate that received $45 billion in interest-free loans from the US government in 2008-2009 in a bid to keep it solvent after bad bets went south.
The
Reader reports that Olson's hearing had gone as poorly as his attorney might have expected, with Judge Howard Shore, who is presiding over the case, granting Deputy City Attorney Paige Hazard's motion to prohibit attorney Tom Tosdal from mentioning the United States' fundamental First Amendment rights.
"The State's Vandalism Statute does not mention First Amendment rights," ruled Judge Shore on Tuesday.
Upon exiting the courtroom Olson seemed to be in disbelief.
"Oh my gosh," he said. "I can't believe this is happening."
Tosdal, who exited the courtroom shortly after his client, seemed equally bewildered.
"I've never heard that before, that a court can prohibit an argument of First Amendment rights," said Tosdal.
Olson, who worked as a former staffer for a US Senator from Washington state, was said to involve himself in political activism in tandem with the growth of the Occupy Wall Street movement.
On October 3, 2011, Olson first appeared outside of a Bank of America branch in San Diego, along with a homemade sign. Eight days later Olson and his partner, Stephen Daniels, during preparations for National Bank Transfer Day, the two were confronted by Darell Freeman, the Vice President of Bank of America's Global Corporate Security.
A former police officer, Freeman accused Olson and Daniels of "running a business outside of the bank," evidently in reference to the National Bank Transfer Day activities, which was a consumer activism initiative that sought to promote Americans to switch from commercial banks, like Bank of America, to not-for-profit credit unions.
At the time, Bank of America's debit card fees were among one of the triggers that led Occupy Wall Street members to promote the transfer day.
"It was just an empty threat," says Olson of Freeman's accusations. "He was trying to scare me away. To be honest, it did at first. I even called my bank and they said he couldn't do anything like that."
Olson continued to protest outside of Bank of America. In February 2012, he came across a box of chalk at a local pharmacy and decided to begin leaving his mark with written statements.
"I thought it was a perfect way to get my message out there. Much better than handing out leaflets or holding a sign," says Olson.
Over the course of the next six months Olson visited the Bank of America branch a few days per week, leaving behind scribbled slogans such as "Stop big banks" and "Stop Bank Blight.com."
According to Olson, who spoke with local broadcaster KGTV, one Bank of America branch claimed it had cost $6,000 to clean up the chalk writing.
Public records obtained by the Reader show that Freeman continued to pressure members of San Diego's Gang Unit on behalf of Bank of America until the matter was forwarded to the City Attorney's office.
On April 15, Deputy City Attorney Paige Hazard contacted Freeman with a response on his persistent queries.
"I wanted to let you know that we will be filing 13 counts of vandalism as a result of the incidents you reported," said Hazard.
Arguments for Olson's case are set to be heard Wednesday morning, following jury selection.
Reader Comments
the Judge has vested commerce interest, or others have mutual interest with him similar to this Judge [Link]Then again, maybe he likes law for the sake of its power to do anything he says it can, because he says it can, no argument - period.
You can't find justice in a crooked court with a crooked judge. What a piece of shit!
We have to learn that off-topic comments and insults are simply not allowed and that this is for the general good and for the civil rights of everyone.
Thiink how bad you would feel if you were a bank manager and someone suggested you were not doing a good job. What if you were called a thief?
So of course any person 'crossing the line' and 'breaking the established rules' should be held accountable and prosecuted and their rights stripped away. The bank manager is just doing what he/she is suppoed to do. This is the way the economy works!
Everyone should be very upset when others use bad language and make ad hominem attacks.
Let us keep it civil and let us act in proper unison.
Or else!
signed,
owners of the most popular and successful ($$$) progressive websites, your speech is free as long as it is what we deem it should be....
I`m in agreement with you nedlud. There is certainly lots of room for our culture to grow up, that is to say, walk the extra mile and live life objectively as it is meant to be rather than controlling the other and taking everything so personally as egoists just love to do. Proper Unison is called "ayni" by the ancients ones. To Live in Right Relationship with All that Is. Keep on walking!
"There is certainly lots of room for our culture to grow up, that is to say, walk the extra mile and live life objectively as it is meant to be rather than controlling the other and taking everything so personally as egoists just love to do. Proper Unison is called "ayni" by the ancients ones. To Live in Right Relationship with All that Is. Keep on walking!"
Life in Nazi Germany dictated that every person present themselves in public as a "good national socialist". Life under the STASI dictated that every person present themselves in public as a "good communist". Life under the internet dictates that every person present themselves in public as a saint. What's the damn difference?
[Link]
Highland Fleet Lute, you having another one of those bad hair/hairless days again???
Fascism striking down with an iron fist, to send a message that dissent will not be tolerated.
Bank of America has a history of corrupt banking practices, with no repercussions other than fines levied against them, which is a mere drop in the ocean considering there assets are in the trillions of dollars.