2003 Port Protest --settlement

2003 port protesters agree to settlement
Some will take their claim to trial, saying Oakland police violated their civil rights
By Heather MacDonald, Oakland Tribune
Article Last Updated: 02/02/2005

OAKLAND — The City Council on Tuesday night agreed to pay $145,000 to 24 anti-war demonstrators who claimed they were injured when Oakland police officers opened fire with "less-than-lethal" ammo on an April 2003 protest at the Port of Oakland.

However, 34 other protesters and longshoremen will take their claim to trial, maintaining the Oakland Police Department violated their civil rights by using excessive force to control the protest on the eve of the Iraq invasion. The trial is now scheduled for January.

Of those who agreed to settle, 14 will get $5,000 each, and the other 10 — who required medical treatment for their injuries — will get $7,500, according to city officials. The settlement, approved unanimously, includes no admission of wrongdoing.

Jim Chanin, who along with attorneys John Burris and Michael Haddad represent the 58 plaintiffs, said he was not pleased with the agreement.

"The city made no effort to negotiate with the most seriously injured people," said Chanin, who represents all of the plaintiffs who chose to settle. "There was no negotiation at all. It was a take-it-or-leave-it offer."

Council President Ignacio De La Fuente (Glenview-Fruitvale) said while the city was willing to compensate those who were truly injured in the confrontation, it was not willing to settle frivolous lawsuits.

"We can't let people take us to the cleaners," De La Fuente said.

Chanin said he was especially disappointed the city made no effort to settle the claim brought by Willow Rosenthal, who was hit in the back of her right calf with a wooden projectile.

The founder of City Slicker Farms, Rosenthal has racked up $80,000 in medical bills and undergone several surgeries to repair the damage. She no longer has health insurance.

"It's very disappointing, especially because there is pretty clear liability on the part of the city," because Rosenthal was following police orders to leave when struck, Chanin said.

The city's reluctance to settle the case is making her recovery more difficult, Rosenthal said.

"To be honest, I was really upset," Rosenthal said. "The thought of having to dredge up everything that happened (at a trial) is not a happy idea. I'm trying to go on with my life."

However, Rosenthal said she was prepared to go to trial to ensure "nothing like this ever happens again."

Haddad called the city's offer to his six clients "ridiculous."

"Early on, the city talked a good game about compensating people who were injured, but when it comes down to it, they are not willing to pay a reasonable amount," Haddad said.

John Burris, who represents nine longshore workers who were caught up in the melee on their way to work, said the offers made to his clients were "inadequate."

City officials said the order to use wooden projectiles, beanbag rounds and stinger grenades to disperse the crowd was given after protesters began hurling rocks and bottles at officers. However, a video of the confrontation released by the city does not show demonstrators attacking police.

The California Anti-Terrorism Information Center warned Oakland police to be prepared for violent anarchists at the protest, leading many to believe that the officers arrived primed for confrontation.

In November, the Police Department agreed to revamp its crowd control policy to settle part of the lawsuits. Police officers are no longer allowed to fire stinger grenades or wooden dowels to force crowds to disperse as they did at the port.

Officers can only use "less-than-lethal" weapons, such as beanbag rounds and gas, as a last resort. Even then, the munitions must be targeted at individuals who pose a significant threat, and only if other members of the crowd and bystanders are not endangered.

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