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I was arrested June 24 for distributing Peace and Freedom Party literature on Pacific Avenue in downtown Santa Cruz. This was under a new law passed by the supposedly "progressive" Santa Cruz City Council that makes it illegal to keep a political table up for more than an hour without moving along. It is a law that is only selectively enforced. To my knowledge I am the first to be cited or arrested under the law.
While being filmed by fellow activists, I refused to move the political table and refused to sign a ticket when asked to do so. I instead cited the right to free speech under the First Amendment to the Constitution and pointed out that the Santa Cruz City Council and the arresting officer were actually the ones in violation of the law.
As a large supportive crowd gathered I told the many cops who were also gathering that I would not stop distributing literature and that I would not take the table down. I pointed out that for that to happen the police would have to arrest me and take the table down themselves.
After the cop who is assigned to deal with political cases arrived, the police arrested me and took down the table. Knowing that I would use this arrest as political issue to promote free speech rights, they did everything by the book.
This contrasted sharply from my arrest for selling newspapers in 1998. During that arrest and while I was being held in custody I was brutalized by the police and deputies and held for four days.
That arrest backfired for the police with the publicity the case received and the outrage it provoked. After that the Santa Cruz Police became very timid about violating freedom of the press, although they did issue a couple of citations again last year.
In addition to the publicity my 1998 arrest received, I also won a ruling in the court of Federal District Judge Ware stating that not only do the Santa Cruz Police violate constitutional rights, but the way city lawyers were trying to defend the police proves that it is city policy to violate those rights.
Today, the police brought me in front of Judge Danner soon after I was arrested. In front of the judge and in handcuffs I stated "I would like to make a motion to have these charges thrown out on the grounds the city ordinance I have been arrested under is a violation of the First Amendment Constitutional right to free speech."
Judge Danner denied my motion. I then pled not guilty. He ordered me released with an order to return for a future court date.
In the traditions of the IWW who successfully defended free speech rights at the turn of the last century I vow to continue violating this city law until free speech rights are restored in Santa Cruz and I urge others in Santa Cruz to join me.
In addition I am looking for legal representation or legal coaching to file another lawsuit against the City of Santa Cruz and to defend myself in court. I can be reached at steveargue2@yahoo.com.
[Steve Argue is a Peace & Freedom Party activitst in Santa Cruz.]
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