Posted on 05/01/2009 8:05:12 PM PDT by MtnClimber
Criminal charges against a junior at Dakota Ridge High School, who wore a T-shirt saying "NOBAMA" before an appearance and speech last fall by Michelle Obama at the school, were dropped Thursday.
Blake Benson, 17, was one of three students at the school who chose to "stay and campaign" for Sen. John McCain when Michelle Obama spoke at the school on Nov. 3.
At the time of his arrest, Benson was holding a McCain-Palin campaign sign.
He was handcuffed and taken to the school's administrative office, said Dan Recht, a Denver lawyer who took the case on behalf of the American Civil Liberties Union, which represented Benson.
Benson was given a "promise to appear" citation by a Jefferson County sheriff's deputy and accused of "interference with staff of an educational facility," said Recht. The Jefferson County Sheriff's Department decided not to forward the citation to prosecutors, effectively dropping the case.
Recht said Benson also was given a one-day suspension by the school. Shortly after the incident, the school rescinded the suspension.
Recht said he learned Thursday that authorities would not pursue the interference charge.
"There is no more classically protected speech than peacefully protesting against one candidate and for another," said Recht. "What Blake Benson was doing is as American as apple pie."
Jacki Kelley, spokesperson for the Jefferson County Sheriff's Department, said that the decision to drop the charge was made three weeks after the incident after a consultation with the Jefferson County district attorney's office.
(Excerpt) Read more at denverpost.com ...
Also sue the principal, the superintendent, the chief of police for not properly training his officers. I doubt if the ACLU will support this but some attorney should.
JEFFERSON COUNTY - Authorities will not pursue a case against the teenager arrested while wearing an anti-Obama t-shirt during a campaign event at a high school.
Blake Benson was one of three students arrested outside Dakota Ridge High School on November 3, 2008 during a visit by Michelle Obama.
Benson was holding a sign and wearing a t-shirt reading “NOBAMA.”
He was held on suspicion of a misdemeanor charge of interference with school and staff.
His attorney, Daniel Recht, said Friday that Benson will not face charges.
“What Blake Benson was doing is as American as apple pie,” said Recht in a written statement.
Recht, who took Benson’s case in coordination with the ACLU, said that the ACLU, “takes on 1st Amendment issues independent of whether the statement expressed is liberal or conservative, Republican or Democrat.”
The Jefferson County Sheriff’s Office said the decision not to pursue the case against Benson and the other protestors was made some time ago, and it was unclear why it was being publicized now.
(Copyright KUSA*TV. All Rights Reserved.)
ALSO
Jacki Kelley, spokesperson for the Jefferson County Sheriff’s Department, said that the decision to drop the charge was made three weeks after the incident after a consultation with the Jefferson County district attorney’s office.
She said that the two agencies decided that “in the interest of justice,” the case would not be pursued.
Kelley said that an internal-affairs investigation is currently ongoing to see what, if any, punishment the deputy who issued the citation should receive.
She said that the male deputy is still with the department and has not been suspended.
Howard Pankratz: 303-954-1939 or hpankratz@denverpost.com
Winning a case against the state has little value. States often have statutory limits making the awards small compared to those extorted out of business. The award is borne by the taxpayer which often makes the plaintiff look greedy. What needs to happen is the removal of Sovereign Immunity for certain classes of arrests. The Sheriff made a obviously political arrest. He should pay the damages not the state if he loses the case. I can see sovereign immunity in cases of civil unrest and in cases where split decisions for life and death situations are encountered, but government workers should be put on the same playing field as the private sector where they have the time to deliberate over their actions. I'm thinking about the whole of government not just the police.
They need the hurt put on them.
False Arrest is a given, and then there might be a Civil liberty violation.
What has this country become?
YEA!
Shreds of sanity can still be found.
“They are trying to take from us our most basic rights.”
Don’t look now but they are succeeding.
Re-Defeat Communism.
...this time
Benson was... accused of "interference with staff of an educational facility," said Recht.
Is that really a crime, or did they just make that up on the spot?
Can we charge teachers with interference with the education of a child?
-PJ
” If as reported he stood quietly with signs, they would have no cause for restraining him.”
It does seem from the article that he was quiet, and that’s probably why the cops declined to press the matter.
“If he was going against school policy, he should have simply been removed from the room BY SCHOOL STAFF.”
Agreed. Getting the cops involved was over-reacting.
The kid should soak 'em through their tweed. He'll be scarred for life from this traumatic assault, launched against him for expressing his opinion in a place where he's supposed to feel safe, and condoned by the administration at his "school" whose job it is to protect him from such an attack.
Me smell heap big wampum, Kemosabe.
;-/
Excellent point.
The rub is that the charges (which should never have been leveled) were dropped long after the event. This kid was silenced. I see grounds for a lawsuit here. That is the only way to stop this crap.
≤]B^)
Pray for America
Check that citation.
‘I’m happily surprised to learn that the ACLU came to his defense’
clearly, this is their TOKEN case
L
Are there any lawyers in the area that would take this case? This needs to be pursued in Civil Court.
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