California’s DA office will not prosecute Occupy Sacramento arrests

submitted by Alex Leach on October 25, 2011

When occupiers are arrested at Cesar Chavez Park they are charged with violating both state law and city code.  But the California District Attorney’s office has now announced that it will not prosecute the state law violations.  And the reason?  District Attorney Jan Scully has ruled that there was no unlawful assembly.  That is a great victory for Occupy Sacramento.

Scully’s position stands in direct opposition to the city council’s and it clearly sides with protesters in the fight over being able to stay in the park after it “closes”.  This news comes after it was announced that Occupy Sacramento would be filing a civil rights lawsuit against the city, claiming Sacramento’s anti-camping ordinance is violating occupiers’ First Amendment rights.  So the city of Sacramento is facing increasing pressure both from the people and from state government officials to end the nightly arrest of protesters.

Unfortunately, the District Attorney’s decision to drop the charges against occupiers does not mean the arrests will stop.  A police spokeswoman said that arrests would continue since protesters are still in violation of city code and state law.  And as it stands now, the city attorney’s office is still planning on prosecuting the charges of violating city code.  The first trial is set for tomorrow, October 26th at 8:30 am.  The city has said that it will not seek the maximum misdemeanor punishment.

You can find more information about Occupy Sacramento at their website, their facebook page, or join them at Cesar Chavez Park at 9th and J st.  As always, Occupy Sacramento is accepting donations.


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18 Responses

  1. LadyM says:

    Everyone, with charges going to court, remember to ask for a jury trail, and make sure “jury nullification” information spreads. There is no such thing as “unlawful assembly” in this country. Juries need to know this.

    • Volntyr says:

      Actually, there is such a thing as Unlawful assembly. The Watts riots in 1995 (OJ Trial) was probably an unlawful assembly. As long as the protest is non violent, its lawful. Breaking store front windows and setting stuff on fire, unlawful

      • David says:

        There is a undemental problem with how the first amendment has been treated. There are rules of engagement that have been set in place and that are currently in effect. Such as in Oakland, The California penal code section: 647 paragraph “e” states

        “(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.”

        The big problem with this code is it includes the statement “in control of it”. I know, I know it’s a public park and should be covered under the first amendment but sadly as this code reads that’s simply not the case, at least in Oakland California.

        Don’t get me wrong with what I’m about to say as I believe in this movement and I am no way trying to deter from it. Think of what I’m about to say as a means to find solid solutions to end the clashes in a peaceful manner.

        we are all learning now that there are some very grey areas with in the public domain. there are places that appear to be protected under the first amendment but because of bloated ordinances, by-laws and cheap penal codes these places are off limits to those seeking a forum from which to speak from.

        Someone that lives in Oakland or in any city should make a call to the city council and ask them if they have designated assembly areas. I know this sounds dumb but it serves two purposes:

        1. Let’s the powers that be know that at some point at an unspecified location there is going to be an assembly and can prepare (dependent on the nature of the protest as some are not civil at all) pedestrian fences to safe guard any structure in the immediate area, allow them to stand up medical services in the event that they should be needed and it also allows them to also notify the would-be assemblers of any hazards in the area. <– most likely not the case though but one can dream.

        2.Allows the assemblers to exploit these locations to their advantage by appearing less like an unruly mob and more like an organized assembly with goal oriented protesting.

        I know some of you are probably lighting your flame throwers and getting ready point them in my direction. The bigger this movement gets the harder it's going to be to hold it together as a cohesive movement. People will start to forget the true meaning and reason for this movement and some, sadly, will never know the true meaning of this movement and simply join because everyone else is joining or because he has something on his chest that he wants to get out.

        I should also warn, that to many reasons in a movement make a movement hard to focus as each reason has it's own dynamic nature and should be brought to light when talks on the original (parent) reason have been resolved or at least been discussed. The reason that I say this is because if you have 6000 people assembly for a specific reason the voice is larger and hard to ignore; if you have 6000 people and 60 different reasons being protested it gives the appearance of disorganization and can and most likely will be ignored.

        Make sense?

        Once again, please do not flame me for this. I am speaking from a heart that wants this movement to succeed but I have been noticing a very different change in the flow of this movement.

        My condolences go out to Olsen and his family.


  2. Alex Arnol says:

    That is AMAZING News!

  3. mark whitt says:

    the world is watching and we will not forget, or forgive ! the 99% ! stay strong Sacramento !

  4. concerned says:

    the world is watching, not just sacramento but oakland too. could you make sure more coverage of today’s brutal eviction there ends up on the front page of this site?

  5. Sunny Bedlam says:

    Watching intently from Cincy!

  6. pattymac says:

    vote the bums out of the state congress and us congress that vote against the 99% and the working poor, and jobs bill’s

  7. Nancy says:

    Thank you California District Attorney Jan Scully for seeing that justice was not served by these arrests.

  8. WC says:

    I hope other file civil rights lawsuit across this entire country against the injustice from the cops.

  9. Lynn says:

    I personally think you’re spoiled brats. You have so much and appreciate so little. Would that you’d grown up as a POW during WWII.
    You would have learned what ‘being thankful’ truly meant.

  10. TaterSalad says:

    California nurse is now the “rich” and now Barack Obama is going to have to down-grade her as “the evil rich”. Can anyone understand why California is broke and healthcare costs so much?

  11. I wonder if the same will apply in Oakland? Watch 8 videos of the arrests here:

  12. Doc Savage says:

    Everyone should sue the City Manager of Sacramento for waste of tax dollars or infringing on their constitutional rights.

  13. FAQ says:

    This high treason. The countries in which were revolutions against the government, the USA condemned the state resistance, and entered NATO armies, and advanced revolution.
    It is the fact of 100 % (I hope has translated correctly)

  14. Lauren says:

    This is awesome and what needs to happen everywhere. In San Diego last night police came in in riot gear in the middle of the night and cleared everyone out. Here’s what several news media said about the occupiers: “A legion of officers in riot gear cleared Occupy San Diego protesters out of their unauthorized urban squatters’ camp at Civic Center Plaza early today”.

    Unauthorized urban squatter’s camp – so much for our 1st Amendment rights of assembly. This description says it all re: our “unbiased” news. How awesome that due to social media the people now have the POWER to show what’s really taking place.

    I was down at Occupy San Diego this am and there was a significant amount of blood on the concrete. Last night’s raid???

    Tonite at 8:00 Occupy continues!

  15. TaterSalad says:

    3-1/2 days is all it would take:

    1911 plus 100 years brought us this to America:

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