Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

City attorney loses two more First Amendment battles

Overturned conviction; also, $60K settlement likely in Ray Lutz case

Ray Lutz
Ray Lutz

The First Amendment is alive and well in San Diego, however, not without the help of attorneys and the courts.

On Tuesday, December 10, the city council is expected to approve a $60,000 payout to settle the civil rights case filed by Occupy San Diego's most prominent leader, Ray Lutz.

Lutz was arrested on November 29, 2011, for trespassing at the San Diego Civic Center during an Occupy San Diego event. After his arrest, Lutz filed a federal complaint against the city. After more than two years and several court hearings, the City Attorney's Office has called for a truce.

The settlement is a big step for city attorney Jan Goldsmith, who has a reputation for bringing the hammer down on protesters.

Sponsored
Sponsored

In July of this year, Goldsmith proceeded with the costly and ultimately humiliating defeat (first reported by the Reader) in the case of North Park resident Jeff Olson. Olson was charged with writing anti-Bank of America messages in water-soluble chalk on the public sidewalk outside a bank branch.

Goldsmith denied knowing about the case despite his office being contacted by this reporter nearly one month before the story broke.

Olson's prosecution was no surprise for attorneys in San Diego, especially those representing Occupy San Diego participants. Attorney Jeremy Warren represented a young occupier who was arrested and later prosecuted for also writing in water-soluble chalk on public property. Before the trial began, Warren was told that Goldsmith was involved in many of the protest cases.

"The city attorney charged her with misdemeanor vandalism under the city’s municipal code," Warren told the Reader in a June 28 statement. "In trying to get them to dismiss the case, I was told in no uncertain terms that negotiations would be challenging because City Attorney Goldsmith was personally involved in the Occupy cases."

Eventually the City Attorney's Office acquiesced and later dropped all charges after the young woman protester indicated that she was willing to take her case to trial.

The $60,000 payout to settle the case with Lutz isn't the only First Amendment case that the city attorney has lost in the past few weeks.

On December 2, appellate court judges overturned the conviction of Liz Jacobelly for trespassing while participating in what was deemed a peaceful protest against the mistreatment of animals involved with the Ringling Bros. circus.

Arrest records show that Jacobelly was arrested on the evening of August 26, 2012, for holding a sign while speaking out against the treatment of the circus animals near the front door of the Valley View Casino Center. The arrest later led to a trial where Jacobelly was convicted of criminal trespass and ordered to fulfill 24 hours of community service.

Appellate court judges later disagreed with the ruling. "[T]he evidence presented at trial was insufficient to sustain a conviction under Municipal Code 52.8001. Specifically, the evidence showed that the appellant was engaged in peaceful picketing," reads the order obtained by the Reader.

The city council is expected to approve the settlement in the case of Ray Lutz during tomorrow's city-council hearing.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Nation’s sexy soldiers stage protest at Pendleton in wake of change in Marine uniform policy

Semper WHY?
Next Article

2024 continues to impress with yellowfin much closer to San Diego than they should be

New rockfish regulations coming this week as opener approaches
Ray Lutz
Ray Lutz

The First Amendment is alive and well in San Diego, however, not without the help of attorneys and the courts.

On Tuesday, December 10, the city council is expected to approve a $60,000 payout to settle the civil rights case filed by Occupy San Diego's most prominent leader, Ray Lutz.

Lutz was arrested on November 29, 2011, for trespassing at the San Diego Civic Center during an Occupy San Diego event. After his arrest, Lutz filed a federal complaint against the city. After more than two years and several court hearings, the City Attorney's Office has called for a truce.

The settlement is a big step for city attorney Jan Goldsmith, who has a reputation for bringing the hammer down on protesters.

Sponsored
Sponsored

In July of this year, Goldsmith proceeded with the costly and ultimately humiliating defeat (first reported by the Reader) in the case of North Park resident Jeff Olson. Olson was charged with writing anti-Bank of America messages in water-soluble chalk on the public sidewalk outside a bank branch.

Goldsmith denied knowing about the case despite his office being contacted by this reporter nearly one month before the story broke.

Olson's prosecution was no surprise for attorneys in San Diego, especially those representing Occupy San Diego participants. Attorney Jeremy Warren represented a young occupier who was arrested and later prosecuted for also writing in water-soluble chalk on public property. Before the trial began, Warren was told that Goldsmith was involved in many of the protest cases.

"The city attorney charged her with misdemeanor vandalism under the city’s municipal code," Warren told the Reader in a June 28 statement. "In trying to get them to dismiss the case, I was told in no uncertain terms that negotiations would be challenging because City Attorney Goldsmith was personally involved in the Occupy cases."

Eventually the City Attorney's Office acquiesced and later dropped all charges after the young woman protester indicated that she was willing to take her case to trial.

The $60,000 payout to settle the case with Lutz isn't the only First Amendment case that the city attorney has lost in the past few weeks.

On December 2, appellate court judges overturned the conviction of Liz Jacobelly for trespassing while participating in what was deemed a peaceful protest against the mistreatment of animals involved with the Ringling Bros. circus.

Arrest records show that Jacobelly was arrested on the evening of August 26, 2012, for holding a sign while speaking out against the treatment of the circus animals near the front door of the Valley View Casino Center. The arrest later led to a trial where Jacobelly was convicted of criminal trespass and ordered to fulfill 24 hours of community service.

Appellate court judges later disagreed with the ruling. "[T]he evidence presented at trial was insufficient to sustain a conviction under Municipal Code 52.8001. Specifically, the evidence showed that the appellant was engaged in peaceful picketing," reads the order obtained by the Reader.

The city council is expected to approve the settlement in the case of Ray Lutz during tomorrow's city-council hearing.

Comments
Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Best Kratom Capsules: Top Brands, Benefits & Where To Buy

Next Article

Seals hook up with Beaver

Salty’s Escape is a Mexican-Style cerveza brewed with corn and puffed Jasmine rice
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.