San Diego’s Chalk-Gate: City Attorney Goldsmith’s Waste of Money, Gag Orders and Movement to Recall Judge Shore

by on June 28, 2013 · 5 comments

in California, Civil Disobedience, Civil Rights, Culture, Economy, History, Media, Ocean Beach, Politics, San Diego

chalk for-libertyCity Attorney and Judge Move Against Bank of America Chalk Protester Jeff Olson

By Doug Porter

Things are going out of control for City Attorney Jan Goldsmith. His office’s decision to prosecute 40 year old Jeff Olson for using children’s washable chalk to scrawl protests on sidewalks adjacent to Bank of America branch offices has garnered world wide notice. And it’s not the kind of publicity the Downtown Tourism folks appreciate.

chalk protesterA newly organized group calling itself Liberals for Liberty has announced plans to create a chalk mural of the Constitution with focus on the First Amendment in front of the San Diego Hall of Justice. A Facebook page set up for the event calls for local artists to meet up Saturday (June 29th) at the courthouse, 330 West Broadway, San Diego.

At Change.org, a petition went up Friday morning calling upon City Attorney Jan Goldsmith to drop the prosecution of Jeff Olson for chalk graffiti, citing “an obvious abuse of power and a wasteful use of the resources of the City of San Diego.” The influential Daily Kos blog has also announced a petition, saying “prosecuting people who chalk political messages on vandalism charges is a blatant abuse of power.”

In the wake of a gag order by Judge Howard Shore prohibiting the defendant or any witnesses from speaking to any members of the media, coverage of the case has ballooned, with stories via both Reuters and Associated Press appearing in news outlets (including the New York Times) nationally and internationally. Independently written accounts also appeared in newspapers as far away as Sweden.

Battle of the Recalls

hop-skip(1)A Recall Judge Howard Shore page on Facebook has gone live, joining the Recall Jan Goldsmith page, which has already gathered six times more signatures than a Recall Filner page

San Diego’s latest shame caught the eye of Massachusetts Senator Elizabeth Warren yesterday, who felt motivated to comment about the case on Twitter:

You’ve got to be kidding me. http://t.co/8d8AhpJBif

— Elizabeth Warren (@elizabethforma) June 27, 2013

Over 90% of 650 +readers in a UT-San Diego online poll indicated they thought the prosecution on Jeff Olson was wrong

Meanwhile over at the San Diego Reader, reporter Dorian Hargrove, who originally broke the story, continues to provide excellent coverage of the trial. Unfortunately much of the national coverage of this story is based on a UT-San Diego story which failed to credit Hargrove’s reporting. From yesterday’s account:

At today’s hearing, Judge Shore didn’t stop at voicing his disappointment with the media coverage. He then turned his attention to Mayor Filner for his statements in support of the defendant’s right to free speech.

Shore said the Mayor was “irresponsible” for comments he made in a June 20 memo, as was reported here on June 23.

“This young man is being persecuted for thirteen counts of vandalism stemming from an expression of political protest that involved washable children’s chalk on a City sidewalk,” read Filner’s statement. “It is alleged that he has no previous criminal record. If these assertions are correct, I believe this is a misuse and waste of taxpayer money. It could also be characterized as an abuse of power that infringes on First Amendment particularly when it is arbitrarily applied to some, but not all, similar speech.”

Shore also stated that the Mayor has no place injecting himself in court trials, regardless of his opinion on the case.

A good backgrounder on the case, now known as #ChalkGate on the internet, appeared in TruthOut/BuzzFlash:

The trial, which is now underway, resulted from the contracted head of security for Bank of America in San Diego, Darell Freeman, leaning on his apparent former colleagues in the SD police department. Paige Hazard, deputy city attorney, informed Olson of the charges, after a prosecution referral was received from — get this — the city’s gang crimes unit. Olson had moved onto more personal pursuits months ago, but Freeman and the Bank of America didn’t like his disappearing chalk protests during the Occupy movement and. as in Les Miserables, were in unrelenting hot pursuit of the sidewalk protester.

The Judge’s ‘Dope’ Comments

Illustration from Facebook Recall Page

Illustration from Facebook Recall Page

Judge Howard Shore’s past has come into play, as commenters are remembering his role in a infamous San Diego medical marijuana prosecution.

Back in 2009 County District Attorney Bonnie Dumanis made headlines, touting more than 60 arrests in raids coordinated with the feds on pot dispensaries, dubbed “Operation Green Rx”. Of the two cases the DA chose to take to trial, both had resulted in acquittal.

From the SD Reader account of the case of Jovan Jackson:

Jackson was the former operator of the San Diego medical marijuana dispensary Answerdam Alternative Care Collective. It was the second trial in less than a year for Jackson, who was arrested in a multi-agency law enforcement raid in September 2009. Jacksonwas acquitted by a jury in December of marijuana possession and distribution charges stemming from a 2008 arrest. This time, however, District Attorney Bonnie Dumanis convinced Superior Court Judge Howard H. Shore to deny Jackson a medical marijuana defense, virtually assuring a conviction.

The OBRag reported that Jackson “was denied a defense and ultimately convicted. San Diego Superior Court Judge Howard Shore, … referred to medical marijuana as “dope,” and called California’s medical marijuana laws “a scam,” … sentenced Jackson to 180 days in jail.”

The case was overturned on appeal on Oct 24, 2012, a ruling which was published (meaning it became a legal precedent).

This is an excerpt from Doug Porter’s column The Starting Line.

{ 3 comments… read them below or add one }

avatar rudy June 28, 2013 at 11:38 am

Just called the president of the san diego city council todd gloria about man facing 13 years for chalk! i questioned if the city can tell city attorney to drop charges? The mayor already has and he is the city attorney, legally he must if city orders. He said he will look into the option. trying to help.

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avatar Debra June 28, 2013 at 5:20 pm

I say bring back Mike Aguirre. At least he was on the side of the people who put him in office, not big business. What an arrogant jerk Goldsmith is.

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avatar Frances O'Neill Zimmerman June 28, 2013 at 10:09 pm

Yes, let’s hear it for Mike Aguirre and Occupy protester Jeff Olsen and Dorian Hargrove from the SDReader and Mayor Filner and tomorrow’s flash-mob at the Court House and everyone who thought this was ridiculous and funny at first but now is hopping mad and wants an end to selective prosecution of sidewalk chalkers who write in front of Bank of America branches in America’s Finest City.

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