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