2010 Democratic Candidate for CA's 52nd congressional district Ray Lutz was arrested today at Occupy San Diego for setting up a voter registration table.
It is currently being reported that he is charged with trespassing.
Here is the video of the arrest
A press conference is scheduled 7:30pm at Freedom Plaza (formerly San Diego Civic Center) to discuss the arrest.
NEW VIDEO with interviews of witnesses on the scene as well as SDPD
Occupy San Diego has created the below image with a phone number for the mayor's office, feel free to spread this around.
Here you'll find a story on the San Diego Union-Tribune's website with various tweets regarding the arrest, and background on Occupy San Diego's challenges with the SDPD so far.
This is an extremely troubling indication of the lengths that the SDPD will go to suppress the Occupy movement.
Action Alert (as per scorpiorising's suggestion):
Mayor Sanders office: (619) 236-6330 jerrysanders@sandiego.gov
SDPD: (619) 531-2000
San Diego Police Chief Lansdowne: (619) 531-2777
Also, here is a petition to hold SDPD Chief Lansdowne accountable for his violent actions against Occupy San Diego
Below are the chronological updates...
Update #1
Activist group Canvass for a Cause, which has been an active supporter of Occupy San Diego movement hosting both volunteer recruitment events as well as providing legal assistance, has issued the following press release regarding the event.
Occupy San Diego
Canvass for a Cause
For immediate release 11/29/2011
Contact: Rachel Scoma, Esq.
Rachel@canvassforacause.org 760-271-0579
Former Congressional Candidate Arrested for Voter Registration Booth
Former Congressional Candidate Ray Lutz was arrested today, November 29, 2011 after trying to set up a voter registration booth at Freedom Square (Civic Center). Mr. Lutz was relying on the seminal California Supreme Court Case Robins v. Pruneyard Shopping Center which holds that the California Constitution protects speech and petitioning in shopping centers, even when those centers are privately owned.
"This is a slap in the face to free speech," said free speech attorney Bryan Pease, "the judge has refused to issue a decision on Occupy San Diego's request for a temporary restraining order and now we have strong community members like Ray Lutz being arrested for registering voters."
"Canvass for a Cause used Robins v. Pruneyard to win its preliminary injunction against Target, Corp--the case law is clear, Ray Lutz had a right to register voters at the Civic Center, but this is not the first time the SDPD have decided to ignore the law," said attorney Rachel Scoma, who also works as the Programs Director of Canvass for a Cause.
An Occupy San Diego Press Conference will be held at Civic Center Plaza today, November 29th at 7:30 p.m. to discuss today's events and how the attorney's and the Occupiers will move forward with this latest affront to their civil liberties.
Update #2
In response to commenters wondering on the pretense used by SDPD, the city has been enforcing San Diego municipal code 54.0110 which states:
Unauthorized Enchroachments Prohibited
It is unlawful for any person to erect, place, allow to remain, construct, establish, plant, or maintain any vegetation or object on any public street, alley, sidewalk, highway, or other public property or public right-of-way, except as otherwise provided by this Code.
SDPD has been selectively enforcing this code against Occupy San Diego and have been notifying anyone associated with the occupation that if they set
any item on the ground (including a backpack, purse, briefcase, box of bagels, etc) they will be subject to arrest.
The lawsuit pending against SDPD and the city argues that selectively enforcement of an overly broad code designed to discourage peaceful protest is unconstitutional.
Update #3
The area of Freedom Plaza where Mr. Lutz was arrested may be private property, however in California political activity is allowed by law on private property in certain instances.
Canvass for a Cause has posted a "Know Your Rights" update on the topic here..
Update #4
The OB Rag has posted an update with some interesting information regarding the SDPD's selective enforcement at Occupy San Diego and Mr. Lutz's arrest, including the following:
Ironically, earlier this month at an “new immigrant” ceremony at the Community Concourse, there were two booths set up to register new voters. Each had a large tarp and table and set unmolested by the SDPD for hours.
Seems pretty reckless for a police department and city with pending lawsuits for selective enforcement.
Update #5
San Diego Mayor - and former police chief - Jerry Sanders will be answering questions received from twitter (@MayorSanders) and email on a local television interview at 7:00pm pst. From his twitter...
Reminder: Tonight at 7, I'll answer your questions on city issues live on City TV (webcast at sandiego.gov/citytv/). Tweet your questions!
For longer questions, email jerrysanders@sandiego.gov or text to (619) 997-9181.
If you can't fit your question for tonight's forum into 140 characters, email jerrysanders@sandiego.gov or text to (619) 997-9181.
Update #6 (with thanks to commenters statsone, glendaw271, and kurious)
Mr. Lutz was is being charged with violating San Diego Municipal Code 52.80.01(A) - Trespassing - which reads:
§52.80.01 Trespasses upon Privately Operated Business Premises Prohibited
(a) No person shall have the right to use privately operated business premises which are open to the general public for any purpose which is contrary to the functions or services provided thereon without the consent of the owner, operator or agent thereof. It shall be unlawful for any person so using such property to refuse or fail to leave such property upon being requested to leave by the owner, operator or agent thereof.
however the code also reads:
Exceptions. The provisions of this section shall not apply in any of the
following instances:
(1) Where their application results in or is coupled with an act prohibited
by the Unruh Civil Rights Act or any other provisions of law relating
to prohibited discrimination against any person on account of color,
race, religion, sex, creed, ancestry or national origin;
(2) Where their application would result in an interference with or
inhibition of peaceful picketing directed toward the business
establishment, lawful labor activities, or peaceful political activities;
Update #7
Occupy San Diego has announced that they will hold a voter registration event tomorrow at Freedom Plaza:
IMPORTANT! Tomorrow morning at 10:00 AM we will be setting up another voter registration center at Freedom Square (SD Civic Center) to replace the one terminated by SDPD today when they arrested Ray Lutz for registering voters. The center will be staffed by OSD members.
WE WILL REGISTER VOTERS. WE WILL HELP THE WORLD REMEMBER the California Supreme Court decision that protects speech and petitioning in shopping centers, even if those centers are privately owned.
If you want to be part of this peaceful action, if you want to register to vote, PLEASE we need you to attend! Tomorrow starting at 10:00AM