Occupy Fresno Wants to ‘Increase the Peace,’ While Lawsuit Moves Forward

OCCUPY FRESNO

FOR IMMEDIATE RELEASE

November 20, 2011



Occupy Fresno Wants to ‘Increase the Peace,’ While Lawsuit Moves Forward

Occupy Fresno is pursuing its federal lawsuit as to First Amendment liberties and Fresno County’s ongoing decisions regarding public gatherings in Courthouse Park. While the lawsuit moves forward, Occupy Fresno also wants to “increase the peace,” says activist Michael Becker, professor of political science at Cal State University Fresno.

According to Becker, Occupy Fresno’s attorneys are in talks with Fresno County to obtain a “stand-still agreement” or temporary “peace agreement,” that will lead to a more peaceful atmosphere in the Courthouse Park, while Fresno County prepares its brief on the constitutional issues.

As of late Friday, Occupy Fresno and Fresno County were working with U.S. District Court for the Eastern District of California, to hammer out a schedule for writing briefs and hold hearings in the lawsuit. Attorneys for Fresno County were not available to meet with Occupy Fresno on Friday, but said they plan an internal meeting Monday, Nov. 21, to discuss the temporary agreement regarding the daily arrests.

Because the agreement was not reached Friday, there were more arrests over the weekend of peaceful protesters.

Occupy Fresno wants an early hearing because of the risks of harm, while Fresno County is seeking more time for briefing. Lead attorney for Occupy Fresno, Robert Navarro, said, “this is an irreparable harm case, because of the liberty issues. It’s not the type of harm that can be paid back with money.”

Occupy Fresno does not object to Fresno County having more time to prepare its case. However, “because of the ongoing risks of harm, Occupy Fresno wants the County to come the table.” Navarro said. “Let’s reach an agreement regarding the daily arrests of peaceful protesters at the 24-hour vigil, while the County puts together its case.”

Occupy Fresno points out that the truce will increase the peacefulness of relations between the two sides, as well as lower costs for everyone. “Let’s all get along while the legal matters are being written up,” says Navarro.

The County continues to demand that protesters leave Courthouse Park and argues that the police presence is costly. However, Navarro says, “Staying at vigil is a constitutional liberty. Occupy Fresno would not be able to recover money damages for its loss of liberties, were it to give up. Civil liberties cannot be bought and sold in the marketplace,” Navarro explained.

Under Title 13 of the Fresno County Code of Ordinances, permits to stay overnight in the park are allowed, but Fresno County refused Occupy Fresno’s request for a permit to do so, opting instead to arrest peaceful protesters at great expense to the taxpayers.

Occupy Fresno meets in the park to discuss the issues of the day. The presence of Occupy Fresno in the park is expressive conduct, performed in solidarity with all of the other Occupy groups in cities around the world. The presence is a signal to the public that there is an ongoing need to work toward peaceful resolutions to economic inequality.

“Arresting peaceful protesters who gather in a public park is a sure-fire way to change the topic and to chill First Amendment liberties,” said First Amendment expert, Elizabeth E. Martinez, who is a sociology professor at Fresno Pacific University.