Wednesday, June 27, 2007

A little Illinois Business:

As members of this list may already know, two DuPage County antiwar
activists were arrested after bannering over the expressway. I urge
everyone on this list to read the *Daily Herald* article about the case
below and then call or write the DuPage County State’s Attorney, Joe
Birkett, to demand that the charges against the two activists be
dropped.

Joseph Birkett, States Attorney
503 N County Farm Rd.
Wheaton, IL 60187
630-407-8000
630-407-8151 (fax)
stsattn@dupageco. org

According to the *Daily Herald*, Birkett’s office says the case has
nothing to do with free speech, but that is false. The actual charge
raises a number of First Amendment issues. It says the two activists
"knowingly without a county permit, staged a war protest on the Great
Western Trail overpass in unincorporated DuPage County, Illinois causing
the vehicles on the highway (I355) to swerve causing a traffic
disturbance because unknown objects were being thrown on the expressway,
as well as the American flag being displayed in an upside down manner
from the overpass."

Jeff Zurawski had his first court date today, and I heard the judge read
those charges myself. Apparently, she does not know that, with the
exception of the charge that "unknown [!] objects were being thrown on
the expressway," everything in those charges is perfectly legal.
Contrary to what Birkett’s office claims, then, this case is very much
about free speech and the First Amendment.

Jeff’s next court date is July 16. Between now and then, let’s flood
Birkett’s office with messages demanding that they drop the charges
against the two peace activists.

It is especially important that Birkett hear from residents of DuPage
County, but he should also know that people all across the country are
aware of this case, so please forward this message far and wide.

–-Kevin

Peaceful protest or road hazard?

Activists deny prosecutors’ allegations of throwing objects off bridge
during display

By Christy Gutowski
Daily Herald Legal Affairs Writer
cgutowski@dailyhera ld.com
Posted Wednesday, June 27, 2007

Fed up with the war in Iraq, Sarah Hartfield and Jeff Zurawski decided
to let others in on their views.

The friends rode their bikes May 6 to a pedestrian bridge that spans
I-355 near Glen Ellyn and unfurled a banner that read: "Impeach Bush and
Cheney — liars." The protesters also displayed an upside-down American
flag.

They insist it was a peaceful demonstration. A DuPage County sheriff’s
deputy disagreed, and, two weeks later, pursued criminal charges.

Zurawski goes to court this morning for the first time since his May 25
misdemeanor arrest. The 39-year-old Downers Grove man said he spent
seven hours in jail after police led him away from his home in
handcuffs.

Hartfield, 45, of Naperville, said she turned herself in shortly after
learning of her friend’s arrest. She is due in court next month.

"We didn’t do anything wrong," Zurawski said. "All we did was exercise
our constitutional right, and we’re being censored and intimidated. "

Prosecutors said the charge has nothing to do with free speech. Rather,
the protesters are accused of disorderly conduct on suspicion they
tossed unknown objects from the overpass, causing motorists on I-355 to
swerve to avoid the debris.

A passing truck driver complained and is prepared to testify,
prosecutors said. The original allegation of disorderly conduct likely
will be amended to reckless conduct, officials said.

Hartfield and Zurawski, who met in January during a bus trip to a
Washington, D.C., war protest, deny throwing anything onto I-355. The
friends say they displayed their sign and upside-down flag for about 90
minutes without incident when a state police trooper approached them.

Hartfield said the trooper never mentioned anything about falling debris
or swerving cars, but did advise them that the protest could distract
motorists and cause an accident. The pair said he politely advised them
to get a permit to protest elsewhere.

As they packed up, Hartfield and Zurawski said sheriff’s deputies
arrived and began questioning them. They said one of the three deputies
was particularly agitated.

"He was immediately red in the face," Hartfield said. "He asked what
prompted us. I told him I had enough and want to get the message out and
raise awareness. He thought that was a show of disrespect to the troops.
I did my best to explain that, to the contrary, it was out of respect
for their service."

If convicted, Hartfield and Zurawski face up to one year in jail and
$2,500 in fines. Hartfield works in the medical field; Zurawski is a
small-business owner. Neither has a criminal history.

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