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Sue Basko's picture

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LET ME EXPLAIN THIS ONCE MORE.  It is illegal to protest on any overpass, and this explains fully why and they lawsuits or charges you face if you do so.

First, I am a lawyer licensed in California and another state, and also with many years of experience in protest work.  I was one of the very first media protest activists and produced the very first activist TV shows and videos in the nation.  I am a lawyer, a filmmaker, and a writer.  I have a B.A. in Film and Video, all work for an M.A. in Mass Communication Media Arts, a Juris Doctorate (law degree) and two law licenses.  I do video production, web design, Protools music editing, final cut pro, and I write. That's an into as to who I am.  I work with many independent musicians, writers, filmmakers, and designers, and I do an enormous amount of legal work for free or cheap for those who cannot afford it.  Okay -- so that is my intro. 

 Second, I have provided Occupy LA with legal expertise from before Occupy LA began.  Third, I have provided about 5 or 6 other Occupy locations with solid legal info, too.  My stance has always been (and always will be) on doing things legally and peacefully.

I have taken a great deal of abuse from people who are not knowledgeable in the law and/or who seem belittling of it.  I have gotten MANY thank yous and I appreciate that.  But there has also been a great deal of abuse from people who seem either quite ungrateful or quite nasty.  

The person running the main OLA facebook deleted my Comments which explain the law and then blocked me from Commenting on that page -- so the lawyer who has been helping you is unable to get the legal information to you, and you only get incorrect information from that person.  I would strongly suggest you take this person off the FB job, and perhaps off other jobs as well.  I have no idea who this person is, but obviously, having this person block the truth and reality from you is not good.   

 It would be APPROPRIATE for me to get gratitude and respect from all in OLA, but it appears there are some too immature for this.  Since there are many who are grateful and respectful, I want to provide them with the needed service.  I wish they could get the others in check?   

WHY IT IS ILLEGAL AND DANGEROUS  TO PROTEST ON AN OVERPASS:  I will try to explain it clearer here:

FIRST, it is absolutely always illegal in the state of California to engage in any sort of a protest on a freeway overpass or near a freeway or near an on or off ramp or near a bridge.  Why is this so?  And why is it moreso in Los Angeles?  Because a permit is required for any protest that may affect traffic.  And a  permit will never be given to be near a freeway or highway.  This is for several reasons, including the reasons below as well as others.

SECOND --  DRIVER DISTRACTION: California law makes it illegal to distract a driver. NO -  this does not just involve someone in a car distracting a driver.   Driver distraction is the #1 cause of accidents and death  on the highways.  It takes only one second of looking up for an accident to occur.  

An OLA protest on the overpass ALREADY resulted in one car accident.  THAT IS A FACT.

IF an accident occurs and if injuries or deaths occur, those protesting and/or all of OLA (since all voted in favor of this action) can be charged with murder or manslaughter because death resulted due to an intentional violation of the Driver Distraction law .  You all can ALSO all be sued.  Driver distraction lawsuits are just beginning, because the law is new.  But they are coming and they will be coming full force.   Driver distraction lawsuits are the new gold mine for personal injury law.  You will be hearing more about them as they come to trial in the next few years.  The law is new so many of you probably do not even know it exists.  

THIRD --   A third reason that makes protesting on an overpass or near a freeway illegal is nuisance.  It is illegal to do anything that makes a highway less safe or less usable for anyone else.   The same legal stances hold for nuisance as with driver distraction.

The ENTIRE AND ONLY PURPOSE of protesting on an overpass is to get the attention of the drivers.  That means, you are trying to distract the drivers.  That means, you are creating a nuisance, you are intentionally causing driver distraction, and you are protesting without a permit in a situation where one would absolutely be needed.

The LAPD person manning the twitter @OccupyLAPD has tweeted just tonight asking all at OccupyLA to please read my blog posts.  That is because they are chockfull of excellent legal information that is carefully researched and written so lay people can understand them.  Some were written specifically for Occupy LA and are excellent resources, likely the only and best resources available to you on the law regarding Occupy LA and protesting in Los Angeles in general.  Please make use of them. 

here they are:  Http://occupypeace.blogspot.com

and this is on my main legal blog: http://suebasko.blogspot.com/2011/09/los-angeles-protests-legal-info.html

To all who have thanked me, you are welcome.     

-- Sue 

 

 

 

This is just not true-but you don't have to take my word for it

I just had a telephone conversation with the Director of the National Lawyers Guild, Jim Lafferty--office number 323-653-4510. He confirmed and authorized me to repeat what he said--it is NOT ILLEGAL to protest over a freeway overpass and/or hold a banner, as long as you're not dangling it down INTO the traffic or attaching it. You can call him yourself; I just gave you the phone number. Also, the NLG is setting shifts to have members to give legal advice at OccupyLA; they will be wearing the fluorescent green caps that say NLG on them.

If you want advice about what protest activities are legal, the last people to ask are the police. They will be happy to agree with you that a lot of stuff that's protected free speech is illegal. After all, it makes their job easier that way.

Whether you think holding a banner over a freeway overpass is dangerous though; that's up to you.  best, Lee

 

Leone

that's what the courts are for.

Y'all know where I come out on this. The focus on the legality/illegality is misplaced. The safety issue is what deserves focus here.

regardless of our personal opinions, do you agree that the OLA could be sued for causing an accident? Of course it could. And if that happens a judge will decide this issue, thats what courts are for. Sue Basko's or Jim Lafferty's opinion not withstanding.

the question is: would that be a battle that OLA is prepared to fight or even wants to fight?

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