ACLU Applauds Police Apology to Protesters (8/24/2009)
FOR IMMEDIATE RELEASE CONTACT: media@aclu.org
ST. LOUIS -- In settlement of an ACLU of Eastern Missouri
lawsuit, the St. Louis Board of Police Commissioners has agreed to pay damages
and send a letter of apology to four activists. St. Louis police officers
violated their first and fourth amendment rights to prevent them from
participating in protests at the World Agricultural Forum ("WAF") in St. Louis
in May 2003. Acting under a written plan to preemptively root out
individuals fitting a loose profile the Police Department described as
"anarchists," St Louis City Police Officers at one location made a warrantless
entry into a house occupied by several activists, arrested and handcuffed each
of them for the crime of "occupying a condemned building," and subjected one
woman to an unlawful and humiliating strip search. At a second location,
the police made a warrantless entry and search under the guise of a previous
building inspection revealing serious housing violations. The document that
allegedly showed the results of the inspection was, by a later admission of the
officer who signed it, false and no building violations were discovered. The
Plaintiff who owned the building had property damaged during the search and was
forced to miss the event he planned to lawfully protest. In addition, a group of
activists riding their bicycles to the protest were arrested, handcuffed, booked
and jailed for the crime of "riding a bicycle without a license." Knowing that
it was not unlawful to ride a bicycle without a license, a Police Supervisor
later changed the charge to "obstructing the flow of traffic while riding
a bicycle." The charges were never prosecuted. The bicyclists were unable
to attend the protest because of their unlawful arrests. An
important part of this settlement is a letter of apology from the Police
Department to the young activists. In the letter, the Board writes that the St.
Louis Metropolitan Police Department "sincerely regrets the grievances of
plaintiffs arising from the Department's response…" and acknowledges that the
"infringement of civil liberties of the citizenry was not warranted…"
ACLU-EM Executive Director Brenda Jones said "We are appreciative of
the police department's letter and congratulate Chief Isom on his
leadership in resolving this matter."
"This case supports an important and fundamental principle," said Gary
Sarachan, of the Clayton firm Capes, Sokol, Goodman & Sarachan, PC, who
served as an ACLU cooperating attorney on the case. "There is no justification,
legal or otherwise, to arrest innocent persons simply because they fit some
profile." "It is a serious miscarriage of justice when those we
rely on to enforce the law are the very ones who violate it," said ACLU-EM Legal
Director Anthony Rothert. Sheila Greenbaum, another Capes, Sokol,
Goodman & Sarachan attorney who represented the activists said, "This is an
ACLU victory for the First and Fourth Amendments of the Constitution as well as
for our clients, young individuals who wanted to peacefully protest in the city
of Saint Louis, Missouri. We believe this outcome will restore their faith in
our system of justice."
The case is Appel, et al. v. City of St. Louis, et al. Other attorneys
representing the activists include Rory Ellinger, of the O'Fallon firm of
Ellinger & Associates, P.C., William Quick, of the Law Offices of William T.
Quick in St. Louis.
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