Sponsored link
Monday, January 20, 2025

Sponsored link

UncategorizedBART 14, allies call for charges to be dropped

BART 14, allies call for charges to be dropped

Attorney for protesters argues that they were charged under a law that’s vague and unconstitutional

Ronnishia Johnson (left) and Reema Calloway, members of the BART 14, speak out for justice
Ronnishia Johnson and Reema Calloway, members of the BART 14, speak out for justice

By Tim Redmond

FEBRUARY 4, 2015 – A large and upbeat crowd met outside the Alameda County Courthouse in Oakland this morning to support the BART 14 protesters, who had a brief appearance inside to answer to a charge that their lawyer says is unconstitutionally vague.

The protesters, who face criminal charges and possible financial penalties for a Black Lives Matter action at a BART station, are asking Judge Yolanda Northridge to dismiss the case.

Attorney Walter Riley argued in a demurrer motion that the law under which the 14 were charged could criminalize a wide range of free speech activity.

In essence, Riley argued, the statute barring trespass on a railroad or a transit-related property “criminalizes the most innocent behavior within a Bay Area Transit station while giving police unfettered discretion to impose charges on disfavored transit users.”

The law, Penal Code Section 369i, has never been tested in court. It bars anyone from entering railroad land or transit-related property when that person’s conduct “interferes with, interrupts, or hinders the safe and efficient operation” of the system.

What’s that mean? Hard to say. As Rily put it this morning, “if [the protesters] talk to people are they in violation? If they have two people?  How about a large crowd?”

The deputy district attorney, Michael O’Connor, tried to come back to the facts of this case, where the 14 stand accused of forcing the shut-down of the BART station, but Riley responded that the issue is bigger than this case – if the law is unconstitutionally vague, then this incident doesn’t matter.

“I agree,” said the judge, who said she would take the matter under consideration and issue a ruling shortly. The defendants are due back in court March 18.

Outside, more than 100 people rallied, chanted, and sang in support of the BART 14.  “Our movement is led by the people, by the 99 percent,” Ronnishia Johnson, one of the protesters on trial, said. “We are being charged for standing up for justice.”

48 Hills welcomes comments in the form of letters to the editor, which you can submit here. We also invite you to join the conversation on our FacebookTwitter, and Instagram

Tim Redmond
Tim Redmond
Tim Redmond has been a political and investigative reporter in San Francisco for more than 30 years. He spent much of that time as executive editor of the Bay Guardian. He is the founder of 48hills.

Sponsored link

Sponsored link

Featured

In DC, it’s cold, wet, full of MAGA folks with Fireball shots—and protesters

Massive security and surveillance as an anti-Trump demonstration is set for the National Mall

Primal scream—or fighting back against Trump? It starts now

Plus: The immigrant rights march, Fielder's ceremonial swearing in, what the billionaires fear—and why is all the new housing in SF so ugly? That's The Agenda for Jan. 19-26

Constructing the period-perfect look of ‘The Brutalist’

From employing a classic VistaVision format to assembling a colonial furniture store, the film's makers wrestled with each detail.

More by this author

Fentanyl legislation is first test for mayor—and new supes

Lurie wants emergency powers but has offered no plan; will the conservative majority on the board go along?

The ‘common sense’ attack on progressive policies and ideas

Plus: SFPD's failure to keep racial profiling records, the early signs of Wiener's housing policies, and the People's March .... that's The Agenda for Jan. 13-19

Lurie gives an inaugural address that is almost entirely about drugs and crime

Are there no other issues in this city? Muni, affordable housing, public health ... apparently not. And talk about misquoting Harvey Milk!
Sponsored link

You might also likeRELATED