Protesting on Sidewalks
Q: We arrived at the sidewalk in front of the Fox television offices. We demonstrated for about an hour then I took the bullhorn and stepped onto the private sidewalk that leads up to the front door of the office building. I spoke my piece as FOX security guards surrounded me and told me I was on private property. I knew that my civil rights were being violated, and that I had every right to be there.
They wanted me to leave because of what I was saying, and for no other reason. They threatened me physically with a can of pepper spray. After about 4 minutes I walked out to the public sidewalk, and continued to bull horn. The security personnel continued to harass me while I was on the public sidewalk. The police squad car arrived after about a total of 5 minutes from when I first started bullhorning..
It was about 12:15 when the police arrived. The Police talked with me and my friends for a while. A group of officers where talking with the men (three I think) from Fox and a group where talking with us.
At around 12:30 I was cuffed and placed in a police car. An officer took a statement from two of my acquaintances. I believe the officers drove me away between 12:45 and 1:00pm. They had informed me that I was being charged with misdemeanor battery, but gave me no real explanation.
I found out later that the man who threatened me had claimed that my bullhorn ‘touched’ his arm. The battery charged has been dropped, but I am still facing trespassing, and interfering with a business charges.
I was on a privately owned sidewalk in front of a business, exercising my freedom of speech. I can not afford an attorney, and I am not sure about my court appointed defense attorney. Any advise or representation would be greatly appreciated
A: I understand that you are facing trespassing and “interfering with a business” charges based on a protest outside of Fox Television offices.
California law provides that refusing to leave land or property owned by another and not open the general public is a misdemeanor, but that this section does not apply to “persons on the premises who are engaging in activities protected by the California or United States Constitution.” Penal Code Section 602(o).
Similarly, Penal Code Section 602.1 prohibits intentional interference with a public business establishment by obstructing or intimidating those attempting to do business and refusing to leave after being asked to do so. Although this statute also exempts those engaged in activities protected by the California or US constitutions, cases that have applied the statute have not discussed this exemption. See Dubner v. City and County of San Francisco, 266 F.3d 959, 966-67 (9th Cir. 2001); Hamburg v. Wal-Mart Stores, Inc., 116 Cal. App. 4th 497, 510-514 (2004).
It sounds like you are looking for legal representation or assistance with the charges related to your protest. Although we cannot provide such representation or assistance through this service, following are some links to resources through which you may be able to locate an attorney to assist you:
- CFAC’s lawyer referral program: https://firstamendmentcoalition.org/lawyers-assistance-request-form/
- Los Angeles County Bar Association lawyer referral service: http://www.smartlaw.org/
- finally, the State Bar of California also contains information on lawyer referrals: http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10182