Local man's chalk protest could land him in jail

[R Glass]

SAN DIEGO (CBS 8) - A North Park man is looking at more than a decade behind bars for using washable chalk to protest the banking industry.

Jeff Olson is being charged with 13 counts of vandalism for writing anti-bank slogans on sidewalks outside three Bank of America branches.

A surveillance camera caught Olson in the act, writing on the sidewalk in front of a Bank of America in North Park. But here's the thing -- Olson admits it.

"I wrote 'No thanks big banks,' I wrote 'Shame on Bank of America,'" he said.

For Olson it was about free speech, letting customers know that he blamed big banks for much of our economy's problems. Not for a minute did he consider it vandalism.

"Always on city sidewalks, washable chalk, never crude messages, never vulgar, clearly topical," he said.

But the city attorney's office -- after receiving multiple emails from a high ranking bank security manager -- decided to charge Olson with 13 counts of misdemeanor vandalism.

"It seems a little extreme," bank customer Wendy Greene said.

Greene remembers seeing Olson's writing outside her B of A branch. She doesn't consider it vandalism.

"No, vandalism is not the work that came to mind. Seemed like freedom of speech. A little extreme, but it was just chalk," Greene said.

Other customers wondered if Olson can be charged, is their child next?

"My daughter plays with chalk every day and writes on the sidewalk. We just wash it off," a North Park resident said.

Olson's attorney argued in motions Tuesday morning that this is free speech written in easily cleanable chalk, but Judge Howard Shore disagreed, saying this case has nothing to do with free speech.

"In light of the fact that it's clear in the case law, vandalism is not a legitimate exercise of free speech rights. It really is irrelevant what the message is, or content is," Judge Shore said.

That's not to say Olson is guilty, but the jury cannot consider his right to free speech when deciding his fate.

Mayor Bob Filner, who has had a well-documented ongoing feud with City Attorney Jan Goldsmith, has taken a public stand against prosecuting Olson. He sent a memo to Council President Todd Gloria asking him to place the issue on the docket for the council's next closed session meeting.
http://www.cbs8.com/story/22686986/local-mans-chalk-protest-could-land-him-in-jail

[orphanedhawk]

Our rights continue to erode~ how without freedom of expression can we consider ourselves to be free?
What next, no writing in the sand at the beach if corporate headquarters doesn't approve ?

[specialmom]

thank you.  

[mikesimon]

"Jury nullification occurs in a trial when a jury acquits a defendant they believe to be guilty of the charges against them. This may occur when members of the jury disagree with the law the defendant has been charged with, or believe that the law should not be applied in that particular case."

http://en.wikipedia.org/wiki/Jury_nullification

[specialmom]

I guess it would depend on what the laws are. They might find him guilty of some city ordinance or harassment (and I think a jury has to go by the law and not who they have sympathy for) but a decade in jail is crazy talk.  When it comes to a penalty, that is so extreme!

[mikesimon]

I agree with you 100% desrt.

I cannot see the guy doing time for this if the case gets in front of a jury. I just can't see a jury very sympathetic to BOA.....but, you never know.

[rivll]

Corporations have gained all the rights and protections of citizens, but are not answerable for their illegal actions.Intentionally and illegallly lie to the gov't, kick people out of their homes and onto the street, and engage in myriad illegal/immoral acions that should have their board of directors and many of their employees locked up
-------------------------------------------------------------
YES!!! Thank you desrt...I am still fuming about it.
Well said, as usual.

[desrt]

This is the consequence of the Citizen's United decision. Corporations have gained all the rights and protections of citizens, but are not answerable for their illegal actions. Intentionally and illegallly lie to the gov't, kick people out of their homes and onto the street, and engage in myriad illegal/immoral acions that should have their board of directors and many of their empoyees locked up --  *maybe* a slap on the wrist. Probably not.
Write on their sidewalk and all it takes to shut up an actual citizen and lock him away are a few phone calls.

[specialmom]

I think it was silly he did it (aren't there more productive things to do with one's time?) but don't think it is an offense that should wind anyone in jail.  If he did it in paint----  yeah.  That's a problem.  But a bucket of water gets rid of it.  If he kept doing it over and over again after being warned to stop (again, needs to find better usage of his time and energy)---  perhaps then too, that would be a time to make 'some' kind of charge.  

Hopefully the charges are just to impress upon him that the city doesn't allow this in front of a business (I think there are laws on picketing too, right?) and it can be worked out.  Not something to go to jail over!

[rivll]

Corrupt, thieving creeps...it really galls me that this guy was arrested for vandalism using washable chalk. Grrrrrrrrrrrrrr.

[R Glass]

That's what caught my eye.

[rivll]

But the city attorney's office -- after receiving multiple emails from a high ranking bank security manager -- decided to charge Olson with 13 counts of misdemeanor vandalism. -------------------------------------------------------------
Infuriating...