NATIONAL LAWYERS GUILD New York City News NATIONAL LAWYERS GUILD – NYC CHAPTER SUMMER 2013 Vets for Peace and Mass Defense Attorneys Challenge Growing Restrictions on Freedom of Speech and Assembly BY ELLEN DAVIDSON AND MARTIN STOLAR On July 8, seven attorneys with the Mass Defense Committee – Diane Brody, Ellery Ireland, Martin Leahy, Vikrant Pawar, Martin Stolar, Jonathan Wallace, and Patricia Wright, with the participation of Ben Meyers – began Photo by Jefferson Siegel a week-long trial that functioned, in the best tradition of a political trial, to allow the 14 defendants to continue their political pro- test inside the courtroom. The defendants used the case to challenge the New York Police Department’s increasing restrictions on constitutional and international freedoms of speech and assembly. The trial hinged on whether these rights may be superseded by Front row: Jules Orkin, Robert Perry, Sam Adams, Alice Sutter, attorney Diane Brody, Jay Wenk; Back row: municipal park regulations. Attorney Jonathan Wallace, Ben Meyers, Tarak Kauff, Ellen Barfield, attorney Martin Stolar, Joel Kovel, Ken The arrest of 25 protesters, most Mayers, Beverly Rice, Felton Davis, Margaret Flowers, attorney Patricia Wright, attorney Martin Leahy, Ellen of whom were members of Veterans for Davidson, Matthew Hopard. Peace, took place at a rally at the Vietnam Veterans Memorial Plaza on Water Street in the protesters, who continued reading names Amendment was designed to protect.” Manhattan, on the 11th anniversary of the until they were all in custody. The prosecution’s case featured contradic- U.S. invasion of Afghanistan. The anti-war “This is a group of people who forced tory descriptions from police witnesses about rally featured a formal program of speakers, a confrontation with the police and forced the exact boundaries of the park, with Captain poets, and music for which a park permit the police to arrest them,” said Assistant Papamichael from the First Precinct saying and sound permit had been obtained. As par- District Attorney Lee Langston in his open- that the city park consisted of only the small ticipants were laying flowers at the memorial ing statement. Martin Stolar, on the other central area of the memorial, and Lieutenant and reading the names of those killed in the hand, characterized the police behavior Zielinski from the Manhattan South Task U.S. occupations of Afghanistan and Iraq, as as “morally outrageous.” He continued, Force saying that most of the surrounding well as those U.S. soldiers killed in Vietnam “Legally, we believe [the defendants’ actions] plaza was included in the park property. who are commemorated at the memorial, the will be protected by the First Amendment.” Prosecution witnesses were also in disagree- police moved in after 10 pm, the official clos- Jonathan Wallace called the event at the vet- ment about the location and content of posted ing time of the memorial, and began arresting erans memorial “the core of what the First signs regarding the opening and closing times, and the regulations governing the section of the plaza that is not park property. INSIDE THIS ISSUE: At the conclusion of the prosecution’s EC NLG-NYC Anti-Oppression Training ................................................................................................. 2 case, the defense argued for a trial order of Lynne Stewart Action Alert ...................................................................................................................... 4 dismissal, saying the prosecution had failed “Let Them Out” – NLG-NYC Members and Allies Work to End Solitary Confinement in NYS ......... 4 to articulate a significant government interest in closing the park that would supersede the Membership Meeting Reportback ........................................................................................................... 5 First Amendment rights of those assembled. How did a nice girl from Wisconsin become a radical New York Lawyer? .......................................... 5 Citing, among others, a case in which Occupy Spring Fling 2013 ................................................................................................................................6-12 protesters arrested in Chicago’s Grant Park Update on the NLG-NYC Mass Incarceration Committee .................................................................. 12 after closing were found not guilty of violating Guild in Action ..................................................................................................................................14-15 park regulations, Wallace asserted that as soon Member News ...................................................................................................................................15-18 as the question of protected First Amendment Law School Chapter News .................................................................................................................... 18 activity comes into play, the government is From the Archives .............................................................................................................................18-19 required to meet a more rigorous standard in continued on page 3 NATIONAL LAWYERS GUILD EC NLG-NYC Anti-Oppression Training New York City News On May 4, 2013, over 20 mem- oppression. We then looked of interpersonal oppression when bers of the Executive Committee at how these systems operate they arise within our organiza- PRESIDENT of the NLG-NYC Chapter on multiple levels, including tion. At the end of the training, Garrett Wright participated in a day-long Anti- interpersonally, institutionally, we reviewed the commitments we VICE PRESIDENTS Oppression training at the Great and culturally. Our facilita- were going to make to continue Bruce K. Bentley Small Works Studio in DUMBO. tors stressed the importance of this work over the coming year. Eileen Weitzman The training was facilitated by grounding our work to resist The training was an impor- Yasmeen Perez and Sonny Singh, oppression in our own personal tant opportunity for EC members TREASURER two incredibly skilled community experiences and of acknowledg- to engage each other in difficult Sarah Kunstler organizers and popular educators ing how many of us are both conversations that are critical for with many of years of experi- the targets and (often unknow- advancing our core Guild values EXECUTIVE COMMITTEE ence working within social justice ing) agents of different forms of of collective liberation and social Bina Ahmad movements. The training is one oppression, due to our multiple justice. I believe it strengthened Susan Barrie part of the EC’s ongoing commit- and intersecting identities. our commitment to each other as Robert J. Boyle ment to analyze and take action One of the final portions of comrades and reinvigorated our Elena L. Cohen to undo oppression in all of its the training focused on how desire to serve the chapter in a Aaron David Frishberg many forms, both within the racism affects the NLG-NYC spirit of openness and humility. I Alexandra Goncalves-Pena NLG-NYC and society at large. internally and led to important also hope that we can better engage Susan C. Howard We began our day with a discussions about the need to all of our membership in discus- Joel R. Kupferman discussion of key concepts of both continue the development sions of these crucial issues, as they Yetta G. Kurland oppression and privilege and an of antiracist practices within impact so much of our work as Cristina Lee overview of interlocking systems the chapter and to increase our members of the legal community Carl Lipscombe of oppression, including racism, outreach and collaboration with and as passionate advocates of rev- Devin McDougall sexism, heterosexism, classism legal and activist organizations olutionary change. Sally Mendola & capitalism, ableism, age- of color. We also discussed ideas — GARRETT WRIGHT Benjamin Meyers ism, xenophobia, and religious about ways to address problems President, NLG-NYC Daniel L. Meyers Ann M. Schneider Geoff Schotter Heidi J. Siegfried Marc Alain Steier Martin R. Stolar CONGRATULATIONS TO OUR Mark Taylor Representatives from New York City Law Schools 2013 LAW GRADUATES! Susan C. Howard Chapter Coordinator Ben Meyers Mass Defense Coordinator Brooklyn Law Columbia Law Fordham Law NYU Law Yekaterina Blinova Martine Forneret Kevin Garnett Sean Ford COMMITTEE CONTACTS Rita Cant Andrew Meyer Kim Lehmann Katherine Poor Anti-Racism Committee Steven Hasty Glover Wright Anna Stallman Paige Spencer Garrett Wright Kathryn Hensley Joseph Sturcken Paige Spencer Anti-Repression Committee Gary Kofman CUNY School of Law Chris Stanislawski Robert J. Boyle Chloe Liederman Danny Alicea George Washington Environmental Justice Committee James McCormick Hirra Amin University School of Law Pace Law Joel Kupferman Tomoeh Murakami-Tse Felicia Branescu Anca Grigore Alison Kaplan Feminist Caucus Maire O’Malley Erica Braudy [email protected] Kathryn Reiter Breanne Chappell Georgetown Law Rutgers Law Natalie Serra Vivian Costandy Sara Blackwell Diego Iniguez-Lopez Housing Committee Steven Dobkin Charles Stanley Brooke Eliazar-Macke Raymond Baldino Anamarie Feola New York Law School Iris Bromberg Labor and Employment Committee Cardozo Law Michal Jalowski Xusana Davis William Pena Cristina Gallo Brittany Brown Garrett Kaske Sarah Hansel Mass Defense Committee Rachel Gerson Mik Kinkead Sondah Outtara St. John’s School of Law Bruce Bentley Lauren Gottesman Sonya Mehta