top
Indybay
Indybay
Indybay
Indybay
Indybay
Regions
Indybay Regions North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area North Coast Central Valley North Bay East Bay South Bay San Francisco Peninsula Santa Cruz IMC - Independent Media Center for the Monterey Bay Area California United States International Americas Haiti Iraq Palestine Afghanistan
Topics
Newswire
Features
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

Lockheed Arrestees Need Your Support - Thurs 7/17 1pm

by DASW (repost)
Reposted from DASW list (directaction [at] lists.riseup.net)
Lockheed Martin is retaliating against 52 arrestees who blockaded its entrances on 4/22.

They and the Sunnyvale DA are not only fully prosecuting us with misdemeanor charges, but are demanding that we pay $41,000 DIRECTLY TO Lockheed Martin as restitution for their alleged legal and security costs.

This will be an important fight not only for the Lockheed arrestees, but for the movement. If Lockheed and the DA succeed, a legal precedent will be set that says a corporation can sue protesters for costs the company associates with protests. It's like charging Martin Luther King, Jr. and other civil
rights activists for the hoses used to scatter their marches. It's crap.

So we're fighting back. And we need your help.

The first pre-trial hearing is THIS THURSDAY, July 17 at the Sunnyvale Courthouse. We're holding a press conference at 1 PM in response, and need
as many people to come out and support the rights of protestors to speak up (against empire and everything else) without being charged for their dissent.

They're the ones who are criminals, not us. And they're the ones who should be paying restitution - to all the children, lovers, families and communities they've helped destroy with landmines, DU, cluster bombs, and nuclear missles. Don't let them get away with this.

Thursday, July 17
1pm
Sunnyvale Courthouse
605 West El Camino Real, Sunnyvale.
For more information, email freethelockheed52 [at] amberbug.org
Add Your Comments

Comments (Hide Comments)
by sick student
Much of the state money going to support defense contracters like Lockheed Martin is coming from the community colleges and other social programs. The so called budget crunch is a transfer of needed money to the defense contracters for the prolonged conflict over oil in Iraq..

Weapons of mass destruction are found here in California at Lockheed Martin, manufactured by taxpayer money..
by I think you should think this out
After thinking for a while on
http://www.actagainstwar.org/article.php?id=156

Don't jump the gun see Lockheed has every right to sue these (you) people they broke the law and now they must pay the price. Well just think if you where Lockheed what would you do. It’s your job to build weapon systems if you don't do it someone else will. The Fed prevents them from making to much money so that little protest cost them big time. I hope you have to pay more than 41k to Lockheed. It’s one thing to hate war it’s another to get in the way hard working men and women. Your protest was a complete failure.

I was thinking should it be a felony. Seems like they are letting you off pretty light.


by just wondering
>It’s one thing to hate war it’s another to get in the way hard working men and women.

What are you implying here, that the WWII Allies were wrong to get in the way of the hard working German defense plant workers by bombing the ball bearing factory at Schweinfurt, but they were right for not getting in the way of the hard working German railway workers when they failed to bomb the rail line to Auschwitz?

Lockheed builds mass murder weapons. Why should we not get in their way before they kill any more people?
by The Ax Man
"Lockheed has every right to sue these (you) people they broke the law"

I think one of the major issues is that Lockheed is NOT suing. If they tried to sue in a civil court the case would quickly be thrown out. In addition, Lockheed would probably end up paying the legal costs of the protesters.

The DA and Lockheed are conniving to bypass the civil process which would focus on any liability by the protesters. The criminal process will provide little opportunity to make any connection between the protest activity and the security costs.

The 'restitution' of security costs is simply being used as a punishmemnt for protesting in Santa Clara County at Lockheed Martin.
by Justice
I find it ironic that the protestors, most of whom are against Bush's tax cut of $600 per family or so, now think that $600 is a lot of money.

At least now I can have some satisfaction for the two hours I stewed in traffic in S.F. It's nice to see that even though San Francisco will never do anything about all the nutcases who think their rights trump everyone else's, at least Santa Clara will.

Unfortunately, this means all future protests will be held in San Francisco, if the protestors can even move on the streets full of homeless.
by Oaklander
Along with the very serious precedent of trying to charge someone for exercising First Amendment rights near (not on!) their property, Lockheed Martin is also claiming expenses that they did not actually incur. Remember, Lockheed Martin is a defense contractor, and defense contractors are expert at inflating the cost of everything they charge for.

What security expenses did they actually incur? There were hundreds of local police officers there. Lockheed didn't need to do a darned thing. What's the restitution for?

Lockheed Martin should be paying restitution to all the people around the world who are harmed daily by their dangerous products.

Lockheed Martin should be paying restitution to the millions of Americans that go without adequate education or healthcare because of the billions of dollars that the US government hands to Lockheed Martin to build products that should never exist.

Lockheed Martin should pay restitution to the people of Sunnyvale for bringing their deadly industry to their city.
by dixiechick (dixiechick [at] daswamp.org)
Lockheed Martin the largest war pig at the military-industrial complex trough can't afford the security precautions of a supermarket in Meridian, Mississippi. No security guards, no fence, no metal detectors, no cameras just pure greed and a lame ethics policy. Very sad that Lockheed Martin uses our tax dollars to perpetuate a bloody and violently aggressive culture.
by Mr. T

"What security expenses did they actually incur? There were hundreds of local police officers there. Lockheed didn't need to do a darned thing. What's the restitution for? "

Well thanks for asking; First if they had to hire just one extra security guard would cost more than 41k. There is a lot of paper work to obtain a security clearance. And that not including that persons salary for one year. Well I guess you didn’t think this statement out. I would love to live in your world were nothing cost anything and that computer that you write on was free.

“Lockheed Martin should be paying restitution to all the people around the world who are harmed daily by their dangerous products.”

Well didn’t the state try that with the gun industry. Guns don’t kill people, its people that kill people the gun is only the tool. If not a gun it would be a bomb or knife or bare hands. Let’s sue god because he has given us brains that allow us to create WMD. Although that plant does not work on these types of weapons. Once again I don’t think you thought this out.

“Lockheed Martin should be paying restitution to the millions of Americans that go without adequate education or healthcare because of the billions of dollars that the US government hands to Lockheed Martin to build products that should never exist. “

Well if you look at a third world country all Americans have adequate education. Although US does not have the best education system k-12 its colleges are the best in the world. On healthcare where does it say in the constitution that you shall have healthcare. Before we had insurance we could afford health care maybe we should ban health insurance that way it will bring health care price down to were everyone can afford it.

“Lockheed Martin should pay restitution to the people of Sunnyvale for bringing their deadly industry to their city.”

What are you smoking or maybe you are drunk. Show me that the community has been damaged by this. It bring positive cash flow to your community. They are great jobs with healthcare and retirement.
by Oaklander
I'll put aside the rhetoric for a moment and focus on my assertion that the expenses should not be the basis for restitution (least of all related to the exercise of free speech.)

Any expenses that you incur and then claim compensation for must be (1) actual and (2) reasonably necessary.

It is my understanding that the judge in the first Lockheed protester case did not require a showing by the DA that Lockheed actually incurred the costs (meaning no evidence was presented that additional staff was actually hired in anticipation of the protest or additional overtime hours were paid.)

Even if the expenses were actually incurred (and there was no evidence of that), the DA would also have to prove that incurring those expenses was reasonable. Since the local police had advance knowledge of the protest (because the protesters met with both them and the company) and provided adequate law enforcement staffing (200 officers, at least!), then there is no need for the presence of extra Lockheed security staff.

So, there was no showing that the expenses were actual and it is unlikely that they could be proven to be reasonably necessary. The expenses claimed should not be the basis of restitution claims.
by Mr. T
Oaklander statement
Thanks for being rational. And you have a very strong point.
oh a funny email link
http://beta.xko.cz/danny/EUROPE-ITALY.swf
by look to the north
maxxam/PL have filed four civil lawsuits against non violent forest protesters in recent years, well the past three. those civil complaints can be found in the forest defense section. pdf file for PL v. Doe 1 Remedy et al... this is nothing new and is surely not a precedent. ok, so maybe the conservative DA trying to get restitution through the criminal proceedings in new to that area, it sure isn't new for a coporation to sue civil disobediant activists for alleged loss.

justice is what you get when you run out of appeals...................
We are 100% volunteer and depend on your participation to sustain our efforts!

Donate

$135.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.

Publish

Publish your stories and upcoming events on Indybay.

IMC Network