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UID:Indybay-18724715
SEQUENCE:18824451
CREATED:20121029T144000Z
DESCRIPTION:THE  CORE OF THE CASE\nAfter 10 1/2 years, the case against Santa Cruz City 
 Council for falsely arresting Robert Norse twice finally goes to civil 
 trial.\n\nThe three Mayors who face trial are Chris Krohn, Tim Fitzmaurice, 
 and Scott Kennedy (who has since died).\n\nA video of the first false 
 arrest (for a silent brief mock-Nazi salute that the Mayor didn't even see) 
 demonstrated a decade ago how abusively heavy-handed, repressive, and 
 unnecessary the arrest was to "prevent disruption".  \n\nThe second arrest 
 (a selective one for whispering in the audience--which  cannot be heard on 
 the city's own official record) targeted Norse while ignoring other 
 whispered conversations.\n\nPUNISHMENT FOR CRITICS\nBoth arrests were 
 actually punishment for content severely criticizing the Mayors.\n\nIn both 
 cases, Norse was arrested, handcuffed, removed from the  chambers, taken to 
 jail, held there for half the night.  No charges were ever filed by the 
 District Attorney.  Police refused  to take Norse's counter-complaint 
 against the Mayor for making a false police report.\n\nThese are only two 
 in a long list of incidents where City Council Mayors created new policies 
 cutting short public comment to discourage and silent critics like 
 Norse.\n\nNorse was also the specific target for his persistent criticism 
 of Council policies denying shelter and civil rights to homeless people in 
 Santa Cruz.\n\nThe core of the case involves the power of the Mayor to 
 define "disruption" as a violation of any of the Council's vague rules, 
 some of which are made up by each successive Mayor.  This is an 
 illegitimate power, which the Council is reluctant to give 
 up.\n\nBACKGROUND\nLinks describing the issues and some of the history of 
 the case can be found at 
 http://www.indybay.org/newsitems/2012/10/19/18724111.php ("First Amendment 
 in Santa Cruz? Can Mayors Cut it Short?").\n\nAn archived two-hour 
 discussion of the arrests are at 
 http://ksco.com/saturday-special-2/31359-the-saturday-special-october-20th-2012-robert-norse-meets-dr-bill-wattenburg 
 .\n\nMany of the legal papers in the case can be found at 
 http://www.santacruzsentinel.com/santacruz/ci_21683823/robert-norse-case-set-trial-settlement-still-possible 
 .\n\nTo see the alleged "disruption" (the silent brief mock-Nazi salute) on 
 which the City has spent $150,000+ already, go to 
 http://www.bing.com/videos/search?q=Robert+Norse+Nazi+salute&view=detail&mid=4F2A7A28CA0D15CA656B4F2A7A28CA0D15CA656B&first=0\n\nTo 
 get a sense of the context in which this mock-Nazi gesture arises (which 
 isn't often), check out 
 http://www.indybay.org/newsitems/2011/11/09/18698345.php .\n\nCOSTS\nThe 
 city attorney has spent over $150,000 on this case and as recently as last 
 week refused to settle.   The estimated cost of the trial to the city will 
 be another $20,000.  If the city loses, it is likely to appeal (again) 
 unless there is broad public outcry.\n\nFor those interested, jury 
 selection begins Wednesday morning (October 31st)   Attorneys estimate the 
 trial should take at least three days: Wednesday, Thursday, and the 
 following Monday.  This is a civil trial for damages before an eight-person 
 jury which must find a unanimous verdict by a preponderance of the 
 evidence.\n  \nFURTHER INFORMATION AND ACTION\nAn interview with one of the 
 attorneys can be accessed at http://www.radiolibre.org/brb/brb121028.mp3 
 (approximately 3 hours into the audio file).  \n\nThose who wish to protest 
 the City's wasteful expenditure of money and abusive priorities can contact 
 the Mayor and City Council  at 832-420-5020 or by e-mail at 
 citycouncil@cityofsantacruz.com .  \n\nIf you have faced or witnessed bad 
 treatment at Santa Cruz City Council, contact Norse at 831-423-4833 
 (rnorse3@hotmail.com)  or call his twice weekly radio  show (Thursdays 6-8 
 PM, Sundays 9:30 AM - 1 PM) at 101.3 FM,  
 http://tunein.com/radio/FRSC-s47254/)\n\nThis case is still important 
 because the current Council continues its abusive treatment of the public  
 through cutting back public comment and other mechanisms that make 
 meaningful dialogue difficult if not impossible.\n 
 https://www.indybay.org/newsitems/2012/10/29/18724715.php
SUMMARY:False Arrest Trial of Three Mayors Begins
LOCATION:Federal Court in San Jose (280 S. 1st St.), Courtroom #6 (Ronald Whyte)
URL:https://www.indybay.org/newsitems/2012/10/29/18724715.php
DTSTART:20121031T153000Z
DTEND:20121031T213000Z
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