Court of Appeals panel Overturns Nazi Salute Ban Ruling--City Council May Face Trial Again

The panel will rule on Judge Whyte's second summary dismissal motion of my lawsuit against the City. Facing possible financial penalties are Mayors Tim Fitzmaurice & Chris Krohn as well as all other members of the City Council who sat by in March 2002 and let me be arrested (Sugar, Primack, Reilly, Porter, and Kennedy) as well as arresting officer SCPD Sgt. Loran "Butchie" Baker.

If the new 3-judge panel overturns Judge Whyte's refusal to let the case go to trial (as they are now likely to do), these politicians will have to appear before the Court to defend themselves.


REPRESSSIVE CITY COUNCIL BEHAVIOR TOWARDS THE PUBLIC
City Council has been passing increasingly repressive rules as well as shortening public comment time, holding fewer and fewer evening sessions, and creating a closed process in which staff recommendations are pretty much assured of being rubberstamped.

The City has spent over $100,000 on this case, rather than change its rules of "decorum" and apologize for the false arrest.

I am a advocate seeking to restore basic civil liberties for homeless people and much of City Council's repressive behavior was part of its policy of keeping issues like the homeless Sleeping Ban, police abuse against the poor, and misappropriation of funds out of the public eye.


PAST MUZZLING MOVES BY MAYORS ROTKIN AND COONERTY
To cut back any discussion of these issues, the Council, Vice-Mayor Coonerty and Mayor Rotkin have successfully lobbyed for new rules. In 2005, Rotkin's new rules essentially eliminated all public comment on Consent and Administrative Agenda items that went past addressing two or three of the items (when the Brown Act provides that citizens should be able to speak on every item) ("Rotkin's Council To Cut Back Public Comment" at http://santacruz.indymedia.org/newswire/display/17159/index.php ). In 2007, Coonerty cut public comment time back further on the majority of agenda items in a procedure more resrictive than that of virtually any other city council in California ( "Coonerty Uses New Consent Agenda Gag Rule" at http://www.indybay.org/newsitems/2008/03)/26/18488814.php ).

Attempts to get these Mayors and subsequent Mayors to correct these abuses through Brown Act complaints have failed:
("Brown Act Correction Letter" at http://www.indybay.org/newsitems/2008/03/26/18488814.php?show_comments=1#18488816

A more general article on the Rotkin abusive rules and other City Council devices to silence speakers:
"Having Your Say At City Council Meetings Is a Right, Not A Privilege" at http://santacruz.indymedia.org/newswire/display/18359/index.php


PREVIOUS STORIES
Previous indymedia stories on the mock-Nazi salute case can be found at

http://www.indybay.org/newsitems/2009/11/21/18629792.php ("Mock-Nazi Salute Case Appeal")
For details on the history of this case and earlier City Council repression go to

Assaulted and Arrested at City Council Tuesday Afternoon for Trying to Make a Two Minute Pro-Union Speech
http://santacruz.indymedia.org/newswire/display/17930/index.php

Having Your Say At City Council Meetings Is a Right, Not A Privilege
http://santacruz.indymedia.org/newswire/display/18359/index.php

More on the "Fascist Salute at City Council" Case
http://www.indybay.org/newsitems/2007/04/12/18396906.php

Santa Cruz City Council Will Face Trial in mock-Nazi salute case
http://santacruz.indymedia.org/newswire/display/13163/index.php


CRITICAL ANALYSIS
Some critical analyses of the decision just overturned can be found at:

http://writ.news.findlaw.com/commentary/20070427_brownstein.html ("Disorder in the Council Room: Does It Violate the First Amendment to Remove a Citizen from a City Council Meeting for Making a Nazi Salute Gesture?

http://writ.lp.findlaw.com/amar/20091120.html ("The Ninth Circuit Errs in Santa Cruz City Council Protester Case")


VIDEO
A partial video of the event can be found at:

http://www.youtube.com/watch?v=ZOssHWB6WBI (courtesy of homeless advocate and journalist Becky Johnson)


COMMENTARY
My commentary in the Santa Cruz Sentinel is at:

http://www.santacruzsentinel.com/ci_13844857?IADID=Search-www.santacruzsentinel.com-www.santacruzsentinel.com
("Robert Norse: City Council silencing dissenting voices")