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Terrorizing Dissenters at the RNC - National Lawyers Guild

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N<strong>at</strong>ional Work<br />

NYC Awards $2 Million in Free Speech Suit<br />

by Sarah Kunstler<br />

On April 7, 2003, I was arrested <strong>at</strong> an<br />

anti-war protest with over 90 o<strong>the</strong>rs<br />

during <strong>the</strong> opening days of <strong>the</strong> invasion<br />

of Iraq and soon after <strong>the</strong> city persuaded<br />

<strong>the</strong> Republican Party to hold its 2004<br />

convention in New York.<br />

The protest was in front of <strong>the</strong> offices<br />

of a Carlyle Group affili<strong>at</strong>e <strong>at</strong> 56th Street<br />

and 5th Avenue. The Carlyle Group is<br />

an investment firm managing some $14<br />

billion in assets, including stakes in a<br />

number of defense-rel<strong>at</strong>ed companies.<br />

They are a major defense contractor with<br />

ties to former heads of St<strong>at</strong>e and to <strong>the</strong><br />

Bush White House. They are, in effect,<br />

war profiteers.<br />

Most of <strong>the</strong> arrested were charged<br />

with disorderly conduct and blocking<br />

pedestrian traffic, although videotapes<br />

showed a quiet orderly demonstr<strong>at</strong>ion<br />

lining <strong>the</strong> edge of <strong>the</strong> sidewalk with<br />

ample room for passersby. Our arrests<br />

were made without any dispersal order<br />

or opportunity to leave.<br />

I was 26 years old and in my second<br />

year of law school. I had been going to<br />

protests all of my life. I thought I was<br />

invisible to <strong>the</strong> police. I thought th<strong>at</strong><br />

I could decide to particip<strong>at</strong>e in civil disobedience,<br />

and risk arrest, or to lawfully<br />

protest without such risk. I was naïve.<br />

I didn’t know any of <strong>the</strong> o<strong>the</strong>rs<br />

arrested. But in <strong>the</strong> months and weeks<br />

th<strong>at</strong> followed, we organized. We<br />

supported each o<strong>the</strong>r as our criminal<br />

cases wound <strong>the</strong>ir way through <strong>the</strong><br />

court system. And after some of us were<br />

acquitted and <strong>the</strong> charges against <strong>the</strong><br />

rest were dismissed, we decided to join<br />

toge<strong>the</strong>r to fight <strong>the</strong> repression of our<br />

First Amendment Rights. Fifty-two of us<br />

filed a civil lawsuit against <strong>the</strong> New York<br />

City Police Department and <strong>the</strong> City of<br />

New York.<br />

The case went on for over five years,<br />

delayed by <strong>the</strong> City’s refusal to negoti<strong>at</strong>e.<br />

We had no idea it would take so long to<br />

reach a resolution. We were 52 people<br />

against <strong>the</strong> City of New York and <strong>the</strong><br />

NYPD. There were many points<br />

along <strong>the</strong> way when <strong>the</strong> odds seemed<br />

insurmountable.<br />

Finally, in August 2008, we settled<br />

with <strong>the</strong> city for just over $2 million.<br />

Litig<strong>at</strong>ion like ours puts pressure on<br />

<strong>the</strong> City to stop viol<strong>at</strong>ing people’s rights<br />

as a m<strong>at</strong>ter of policy and stop wasting<br />

taxpayers’ money doing so. I hope our<br />

victory serves as a reminder th<strong>at</strong><br />

Washington’s illegal war in Afghanistan<br />

and Iraq is also being fought <strong>at</strong> home—<br />

against its own citizens and in <strong>the</strong> name<br />

of war profiteers like Carlyle and<br />

Halliburton. •<br />

Sarah Kunstler is a long-time <strong>Guild</strong><br />

member, an <strong>at</strong>torney and filmmaker.<br />

NLG Hosts Luis Posada Carriles Tribunal<br />

On November 7, 2008 <strong>the</strong> New York University NLG Chapter, along with<br />

<strong>the</strong> New York Chapter and <strong>the</strong> N<strong>at</strong>ional Office, hosted “Luis Posada<br />

Carriles: A Tribunal.” The event was hosted by Michael Steven Smith and<br />

fe<strong>at</strong>ured historian Jane Franklin, author of two books about Cuba—<br />

Cuban Foreign Rel<strong>at</strong>ions: A Chronology, 1959-1982 (Center for Cuban<br />

Studies, 1984) and Cuba and <strong>the</strong> United St<strong>at</strong>es: A Chronological History<br />

(Ocean Press, 1997). Also speaking was Wayne Smith, Senior Fellow <strong>at</strong><br />

<strong>the</strong> Center for Intern<strong>at</strong>ional Policy in Washington, who spent 25 years<br />

with <strong>the</strong> Department of St<strong>at</strong>e, having served as <strong>the</strong> Executive Secretary<br />

of President Kennedy’s L<strong>at</strong>in American Task Force. Brian Becker rounded<br />

off <strong>the</strong> evening. Brian is N<strong>at</strong>ional Coordin<strong>at</strong>or of <strong>the</strong> A.N.S.W.E.R.<br />

Coalition and has spearheaded a n<strong>at</strong>ionwide campaign over <strong>the</strong> past few<br />

years demanding <strong>the</strong> extradition of Luis Posada Carriles to Venezuela to stand trial for his crimes against humanity.<br />

The event has been transcribed into an electronic book and is available on line <strong>at</strong> www.nlg.org/posada<br />

4• GUILD NOTES • WINTER 2008

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