As you may recall, Joe and A.T. were arrested on February 3 while distributing "World Cant Wait" flyers at the Bladensburg High School in Maryland prior to the February 4, 2006 "Bush Step Down" protest and march to the White House. At that time, after they got permission from a school administrator to distribute flyers on the sidewalk next to school property, they were confronted by a code enforcer from the town of Bladensburg who told them to stop flyering and move on. When they did not stop, two members of the local police were called. The police also told them to stop and when they did not comply, they were pepper sprayed, manhandled, cuffed, arrested and subsequently jailed overnight. They were charged with disturbing the peace and resisting arrest...A.T. was also charged with battery and his court appearance is scheduled for Friday.

During yesterday's trial by Judge the police officers testified that Joe and A.T. kept yelling "Bush Step Down" while refusing to stop flyer distribution. A sample of the World Can't Wait flyer was also waved around in the courtroom. The Judge was not moved by this apparent appeal or justification for the arrest. During the prosecution's questioning of the officers on the facts of the case, Joe's lawyer, Jonathan Katz, kept objecting that there was no probable cause for arrest and that therefore the charges and actions of the defendant were irrelevant. At this point the Judge started questioning the prosecutor and the officers closely and asked why no charge of endangering the public and obstructing traffic were not made if this is why ostensibly the arrest was made. When a proper response was not forthcoming the Judge abruptly ended the trial, and pronounced Joe "not guilty".

What I found interesting and informative was that the judge did not dismiss the case because Joe was not properly charged but because he established even after examining the local code that there was no reason for arrest and that the defendant did not have to obey the police officer if they was no violation of any law or local ordinance (i.e., leafleting in the street or road). The Judge even made the prosecutor acknowledge that people do not have to comply with a police officer's order unless they are doing something unlawful. I also noticed the Judge being taken aback by the intimidating attitude, scowling and frowning by one the officers. The same officer gave Joe's supporters in the court several intimidating stares and glances while we waited for the trial to begin. In my view, there is evidence that the police primarily did not want what to them were offensive flyers distributed and there was also a tinge of racism involved (all three officers are white) because Joe and A.T. are black and they were resisting or questioning the officers attempts to limit their First Amendment rights.

Joe had good support in the courtroom from several people from the Prince George's Peace and Justice Coalition, J.D. from the RCP, and me from WCW. Hopefully the case against A.T. will be dropped as a result of yesterdays decision.


In Solidarity , Jerry Olek

The World Can't Wait, Drive Out the Bush Regime!

www.worldcantwait.org/