Jeff Olson, the 40-year-old man who is being prosecuted for scrawling anti-megabank messages on sidewalks in water-soluble chalk last year now faces a 13-year jail sentence. A judge has barred his attorney from mentioning freedom of speech during trial.
According to the San Diego Reader, which reported on Tuesday that a judge had opted to prevent Olson’s attorney from “mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial,” Olson must now stand trial for on 13 counts of vandalism.
In addition to possibly spending years in jail, Olson will also be held liable for fines of up to $13,000 over the anti-big-bank slogans that were left using washable children’s chalk on a sidewalk outside of three San Diego, California branches of Bank of America, the massive conglomerate that received $45 billion in interest-free loans from the US government in 2008-2009 in a bid to keep it solvent after bad bets went south.
The Reader reports that Olson’s hearing had gone as poorly as his attorney might have expected, with Judge Howard Shore, who is presiding over the case, granting Deputy City Attorney Paige Hazard’s motion to prohibit attorney Tom Tosdal from mentioning the United States’ fundamental First Amendment rights.
“The State’s Vandalism Statute does not mention First Amendment rights,” ruled Judge Shore on Tuesday.
Upon exiting the courtroom Olson seemed to be in disbelief.
“Oh my gosh,” he said. “I can’t believe this is happening.”
Tosdal, who exited the courtroom shortly after his client, seemed equally bewildered.
“I’ve never heard that before, that a court can prohibit an argument of First Amendment rights,” said Tosdal.
Olson, who worked as a former staffer for a US Senator from Washington state, was said to involve himself in political activism in tandem with the growth of the Occupy Wall Street movement.
On October 3, 2011, Olson first appeared outside of a Bank of America branch in San Diego, along with a homemade sign. Eight days later Olson and his partner, Stephen Daniels, during preparations for National Bank Transfer Day, the two were confronted by Darell Freeman, the Vice President of Bank of America’s Global Corporate Security.
A former police officer, Freeman accused Olson and Daniels of “running a business outside of the bank,” evidently in reference to the National Bank Transfer Day activities, which was a consumer activism initiative that sought to promote Americans to switch from commercial banks, like Bank of America, to not-for-profit credit unions.
At the time, Bank of America’s debit card fees were among one of the triggers that led Occupy Wall Street members to promote the transfer day.
“It was just an empty threat,” says Olson of Freeman’s accusations. “He was trying to scare me away. To be honest, it did at first. I even called my bank and they said he couldn’t do anything like that.”
Olson continued to protest outside of Bank of America. In February 2012, he came across a box of chalk at a local pharmacy and decided to begin leaving his mark with written statements.
“I thought it was a perfect way to get my message out there. Much better than handing out leaflets or holding a sign,” says Olson.
Over the course of the next six months Olson visited the Bank of America branch a few days per week, leaving behind scribbled slogans such as “Stop big banks” and “Stop Bank Blight.com.”
According to Olson, who spoke with local broadcaster KGTV, one Bank of America branch claimed it had cost $6,000 to clean up the chalk writing.
Public records obtained by the Reader show that Freeman continued to pressure members of San Diego’s Gang Unit on behalf of Bank of America until the matter was forwarded to the City Attorney’s office.
On April 15, Deputy City Attorney Paige Hazard contacted Freeman with a response on his persistent queries.
“I wanted to let you know that we will be filing 13 counts of vandalism as a result of the incidents you reported,” said Hazard.
Arguments for Olson’s case are set to be heard Wednesday morning, following jury selection.
I wonder how much Bank of America put in the satanic black robe’s pocket to deny this man his 1st amendment right to freedom of speech. Time for major jury nullification-of course, most people in this country don’t even know how much power the jury has. It seems the courts are letting us know slowly but surely that we no longer have our God-given UNALIENABLE rights, protected by the Bill of RIghts any longer in this country. The Herschberger case in Wisconsin over the right to have whatever food we choose, comes to mind. The words “liberty” or “raw milk” or “benefits of whole food” could not be spoken, according to that black robe. All 3 branches of this government are as corrupt as can be. That long train of usurpations left the station LONG AGO, and is hurtling down the mountain at break-neck speed. Time to remove such government and replace it with new guards. Seems I remember reading that in the document called The Declaration of Independence. Power has corrupted absolutely those who “think”?? they control we the people-time for a major wake-up call.
Okay, this is fascism. The judge is derelict in his duty. You don’t have to mention free speech in the “anti-vandalism” state statute or municipal ordinance because all rights are implied in all the laws. I hope it doesn’t go that far. This is failure to state a claim – after all it’s kids’ chalk. It was deliberately used to be washed off. It is therefore not even vandalism.
On appeal, any conviction should be struck down, perhaps even the anti-vandalism law itself if it is so vague as to allow a prosecution like this.
I moved from California and so often when I look back, I find this idiocy passing for legal proceedings. To me it’s not better than a Soviet show trial if it gets that far. This judge is “sending a message” as badly as the O.J. jury, with no regard for what is true. Kids’ chalk is not a permanent instrument of vandalism, it is a protest like standing on a sidewalk – it can be shuffled off with a shoe or cleared by rain or a broom (they do clean their sidewalks in front of B of A I assume? using illegals? on a regular basis?)
There’s no need for his lawyer to mention his UNalienable rights, and it would be a silly defense against a vandalism charge anyway.
The simple fact that we live in a country where kids can buy “sidewalk chalk” sold under that name at any candy store should be enough to make these charges sound absurd to any jury.
This is another one of those cases where they’re trying to make an example out of someone for speaking up, but it will result in a million more people waking up to the fact of our government being completely out of control. If it scares ten people into silence, it will awaken a thousand toward rebellion.
Hopefully the jury will consist of people whose IQs are above room temperature. That jury in the raw milk trial nearly did the right thing (still convicted him on one count) but essentially gave the State the one-fingered salute.
“When peaceful protest becomes impossible violent revolution becomes inevitable.” JFK.
It really is time to start hanging these people in the streets.
Yes, but I`m starting to think that a good public hanging is to quik, easy, and humane. I am thinking a good public stoning is more like it. That way everyone can get their shot at the bankers and the other ptb. Yep, stone them with rocks half the size of baseballs till they are dead where they lay beaten to a pulp. And then make damn sure that their family members all understand that this is more than just a message – it is a fact coming their way if they get any fancy ideas.
And DIgger, do the stoning the way they do in the Arab countries to women accused of adultery-bury all but the head, and then throw the stones!
That is exactly what I was thinking Paula. Jail/prison time/ hanging, etc. is not good enough – it is too nice and clean and too fast.
No, no! This is Bank of America and like their slogan, we need to use “Higher Standards” here.
We need to use the Iron Maiden!
Death by a thousand needles since we are all getting death by a thousand paper cuts everyday.
“According to Olson, who spoke with local broadcaster KGTV, one Bank of America branch claimed it had cost $6,000 to clean up the chalk writing.”
Yep, because it costs so much money to pour a bucket of water on a sidewalk!
““The State’s Vandalism Statute does not mention First Amendment rights,” ruled Judge Shore on Tuesday.”
“Oh my gosh,” he said. ”I can’t believe this is happening.”
Are the sheeple waking up yet? I bet many will be saying “Oh my gosh, I can’t believe this is happening.” as they’re led off to FEMA camps for execution.
Yep, Sunfire, it takes a $6,000 gold plated bucket of the most popular brand of distilled water to clean up that chalk on the ground.
And vandalism has something to do with destroying private property. So how can chalk on a sidewalk in any way destroying anything? Can someone please answer me that?
We have become Communist China, if not worse.
Remember the kid who caught flak for wearing a pro-2nd Amendment shirt to school, and the next day 100 more students wore the same shirt in an act of solidarity?
There are LOTS of B of A branches all over the country. You thinking what I’m thinking?
Judge Howard Shore is useless to humanity.
“……..a judge had opted to prevent Olson’s attorney from ”mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial,” Olson must now stand trial for on 13 counts of vandalism.”
That @sswipe of a judge is the one who should be on trial, for disallowing a legitimate defense.
“Judge Howard Shore, who is presiding over the case………”
Remember this name, for when it’s time to start the treason trials.
Then again, don’t bother. We’ll probably have to hang ALL the judges in this state anyway. Not a true patriot or honest one in the whole lot, I’m bettin’.
Peaceful revolution with no violence or we are just as bad.
Check out the new radio and tv station The People’s Voice.
This is going to bring about the change we need to take back our own power. We are the many – they are the few and if we all do it like the kids with their t shirts game over!
xx
SERIOUSLY DUDE???
Peaceful revolution with NO violence? What freakin’ planet are YOU living on? Are you aware that the DHS has purchased 1.6 BILLION + rounds of ammo? And you think they won’t try to use them just because we out number them?
You obviously have no concept of the nature of the monsters we are dealing with. I can promise you this. The ONLY thing your attempt at peaceful, non-violent revolution will get you is DEAD.
100% GUARANTEED DEAD!
You’re on the wrong site to be peddling that kumbaya sh#t.
Don`t ya just love it #1. 🙂 It is like sayin` ” lets work things out over a nice spot of tea” I guess it is tea time for amnesiaclinic , WOW, some people eh #1. He kind of makes me think of that Timothy guy earlier today.
Apparently some people stumble across FTT by accident, digger, with absolutely no concept of what we’re all about here.
If they bothered to read some of the comments before posting theirs, they might just figure it out.
Or not.
His lawyer is barred because he has a ‘bar’ card he/she can lose. The man himself can make any argument he wishes by standing up and make a statement – exact language he should look up. Also he should submit an affidavit to the court (after recording it with the county recorder and getting a certified copy back) stating all the issues relevant clearly and without emotional tirades. Be polite but firm. Ask the attorney about the affidavit process – then ask some knowledgeable friends. Get this done asap.
Perhaps you should skip the above comments. You probably have paid little attention to the courts and processes. My apologies for misdirecting you if you act and end up in a storm of your own making. Peace.
The corrupt judge got it backwards….
The First Amendment does not mention the State’s Vandalism Statute.