Mock-Nazi Salute Case Appeal

the ruling by the 9th dismissing Norse's claim was garbled and somewhat frightening. They in essence ruled that the hurt feelings of a city councilmember justified the ejection and/or arrest of a citizen who had objected to an act by that government.

Clearly this was content-based given that Fitzmaurice said "He offended the dignity of this body." He didn't say "he disrupted the meeting and we can't continue". He didn't say "no one may make a signal with your hands" during a meeting. Hence, to conclude the ejection was anything other than content-based, is to have misheard this case.

And it may have happened due to the deep prejudices of City Councilmember Tim Fitzmaurice, an intent the court "forgot" to consider.

City Attorney John Barisone says that the City has already spend $114,000 defending the Mayor and City Council. He has acted to PREVENT a trial from occurring on the facts of the case. Norse deserves his day in court. The public deserves clear guidelines on what constitutes a disruption and what is clearly protected freedom of speech.

The court still has work to do in this case and should re-hear it.

I highly doubt that the full 9th court is going to waste anymore time on this.

http://writ.lp.findlaw.com/amar/20091120.html

The same 3 judge panel that ruled 2-1 against me has asked the City Attorney's office to formally reply to the Beauvais brief above. According to Beauvais, this is an extremely unusual procedure since he is asking this 3-judge court to reverse itself.

As I understand it, the City Attorney has 3 weeks to file his brief, and the court will decide within 3 weeks whether to rehear the case.

In 2005 when the same 3-judge panel heard an earlier dismissal of my case by Judge Whyte, it ruled 2-1 in my favor, sending the case back for trial.


For details on the history of this case and earlier City Council repression go to

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

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


I may be speaking on this issue at tomorrow's 3 PM City Council session.