BEGIN:VCALENDAR VERSION:2.0 X-WR-CALNAME:www.indybay.org PRODID:-//indybay/ical// v1.0//EN BEGIN:VEVENT UID:Indybay-18656055 SEQUENCE:18728016 CREATED:20100814T051800Z DESCRIPTION:BACKGROUND\nCommunity activist Wes Modes has worked to establish the Guerrrilla Drive-In, the Free Skool, the Sub Rosa Cafe, the Trash Orchestra, and the DIY Last Night New Year's Celebrations.\n\nHe is now being harassed in court by petty city officials seeking to punish him for walking in last December's DIY New Year's parade "knowing it had no permit"--along with hundreds of others (who aren't getting cited or taken to court).\n\nThe trial was held last month ("Parade Prosecution: People Versus Wes Modes" at http://www.indybay.org/newsitems/2010/07/12/18653645.php ) with extensive coverage in the follow-up story ("People v. Wes Modes: Trying to Remove DIY from Santa Cruz" at http://www.indybay.org/newsitems/2010/07/18/18654218.php).\n\nSubsequently, attorney Gettleman filed a motion calling the ordinance requiring a Parade Permit unconstitutional (http://www.indybay.org/newsitems/2010/08/02/18655182.php).\n\n\nTHREE DECISIONS\nAt this hearing Almquist will decide three issues:\n\n1. Whether Wes is guilty of the infraction offense of walking in a parade, knowing it had no permit.\n\n2. If he is guilty, whether his sentence for defending the Drum Circle back in September 2008, should be revoked and he should be sent to jail instead. This hearing had been scheduled according to his attorney for November, but has been unexpectedly moved up.\n\n3. Whether the permit law is unconstitutional.\n\nWHAT'S UP?\nAttorney Gettleman isn't sure why Judge Almquist has moved things up. \n\nIt could be that the judge wishes the whole matter dismissed. It could be that he's decided to punish Wes by sending him to jail--on a matter that would normally be an infraction, punishable by fine or community service. \n\nThe D.A. has reportedly assured Gettleman that he too doesn't think this matter merits any jail. Gettleman hopes for the best but is unsure of the outcome\n\n\nWES CALLS FOR SUPPORT\nWes writes:\n\nI'm back in court (dept 5) at 8am Monday morning, apparently. The judge will offer his final verdict for the Parade infraction in which my lawyer challenged the constitutionality of the law.\n\nSomewhat surprisingly , this judge also wants to give a final sentence for the unrelated drum circle misdemeanor (for the last 8 months I've had a suspended sentence in which I performed 250 hours of community service). So far, I don't know what got this ball rolling.\n\nSo if you can make it, court support is a super helpful way to support those going through the legal process....\n\nOf course we know by now, that keeping an activist tied up in court for years is one of the best ways to keep us off the streets. \n\nLet's see how we can support each other in the future as we work hard to make this a more interesting, more spontaneous, and more compassionate world. \n\nYours, Wes\n\n\nRADIO DISCUSSION AT 10 AM SUNDAY\nI'll be trying to reach Wes and his attorney Sunday morning on my show. \n\nFree Radio Santa Cruz still needs a transmitter site and has been off the air for the last 8 nights (help us find a site!), but it still streams at www.freakradio.org. \n\nAnd my shows archive at www.huffsantacruz.org under the heading "Bathrobespierre's Broadsides". \n\nListen in and call in at 831-469-3119.\n\n\nCome on down to the court to support a community activist who has created real community services and is clearly under attack.\n https://www.indybay.org/newsitems/2010/08/13/18656055.php SUMMARY:Three Decisions in Court in the Wes Modes "Parading Without a Permit" Case LOCATION:701 Ocean St. in the Courthouse--Dept. 5, Judge Almquist's court URL:https://www.indybay.org/newsitems/2010/08/13/18656055.php DTSTART:20100816T150000Z DTEND:20100816T154500Z END:VEVENT END:VCALENDAR