The first protester who was arrested outdoors Boston Mayor Michelle Wu’s residence after town handed an ordinance that restricts picketing a focused residence was “wrongfully arrested,” in line with a Boston decide.
Last week, the decide within the West Roxbury division of Boston Municipal Court dropped the cost in opposition to Shannon Llewellyn, who had been arrested by Boston police in April for demonstrating outdoors Wu’s Roslindale residence in the course of the banned picketing hours. Llewellyn was taken into custody outdoors the mayor’s residence at round 7:45 a.m.
“This should not have been a criminal complaint at all,” Judge Steven Key mentioned in the course of the listening to final week. “This should have been, according to the ordinance, it’s supposed to be a civil disposition, not a criminal disposition.”
The ordinance requires the police officer at hand the protester a quotation discover, giving the person the choice to have a listening to earlier than the clerk Justice of the Peace.
“That was not an option given to you, and you were placed under arrest and charged in this matter,” the decide added. “I think you were wrongfully arrested and wrongfully charged as a result.”
Llewellyn ought to have solely been handed a quotation, the decide mentioned as he dismissed the cost from the April incident. He additionally ordered that the cost get expunged from her file.
“Our argument is that the ordinance is unconstitutional,” Llewellyn’s legal professional Ilya Feoktistov instructed the Herald. “But the key here is that the judge did acknowledge that this ordinance cannot be enforced with arrests, and that the arrests were wrongful.”
Wu earlier this yr proposed town ordinance, titled “An Ordinance Regarding Targeted Residential Picketing,” after protesters for months confirmed up outdoors the mayor’s residence early within the morning and loudly picketed COVID-19 mandates.
The ordinance, which was permitted 9-4 by the City Council, bans picketing a focused residence between the hours of 9 p.m. and 9 a.m. and is enforced by fines — $50 for the primary violation, $150 for the second violation and $300 for the third violation.
In a separate protesting incident in June outdoors Wu’s residence, 4 individuals have been arrested by police. The protesters — Llewellyn, Marie Brady, Danielle Mazzeo and Catherine Vitale — have been arrested throughout the banned hours at 7:45 a.m.
Llewellyn banged on a metallic pot and the entire group chanted “Shame on Wu” and “Free speech is not a crime,” in line with a video of the incident.
Last week, the decide in West Roxbury court docket dismissed the fees in opposition to Brady and Mazzeo.
Llewellyn and Vitale shall be again in court docket on Sept. 29 for a movement to dismiss the fees from that June incident.
The metropolis of Boston didn’t reply to remark concerning the decide dismissing the ordinance expenses.
Source: www.bostonherald.com”