Man could draw 13 years for graffiti

Chalk slogans on sidewalk during occupy Wall street

A California man could face 13 years in jail and a $13,000 fine for chalking slogans on the sidewalk outside three banks during the Occupy Wall Street (OWS) protests.

Jeffrey Olson, 40, is on trial in San Diego, accused of 13 counts of vandalism.

his crime: Repeatedly scrawling anti-bank remarks in water-soluble children’s chalk outside three branches of the Bank of America.

They said things like “Stop big banks” and “Stop Bank Blight.com.”

The city was encouraged to prosecute Mr. Olson by Darell Freeman, vice-president of Bank of America’s global corporate security, the San Diego Reader reported.

Bank of America was one of the targets of the OWS movement, after it announced it would introduce fees for debit card withdrawals.

Because Mr. Olson was active in encouraging people to move their accounts from the bank as a result of this policy, Mr. Freeman accused him of running a business.

In the land of the free, Mr. Olson’s actions would seem to be protected as free speech, but Superior Court Judge howard Shore has barred Tom Tosdal, Mr. Olson’s law- yer, from raising First Amendment issues.

“[California’s] vandalism statute does not mention First Amendment rights,” the judge ruled.

“I’ve never heard that before, that a court can prohibit an argument of First Amendment rights,” the lawyer said outside the courtroom.

Some observers also see the case as an irresponsible waste of taxpayers’ money, but the City Attorney’s office is casting the issue as one of quality of life.

Apparently it believes San Diego residents will be adversely affected by having to contemplate Mr. Olson’s scribblings.

“People might look at it as one incident or one isolated person, but graffiti is an issue that is very prevalent in San Diego,” Regan Savalla, head of the neighbourhood prosecution unit, which oversees graffiti cases, told the San Diego Union Tribune.

“Whether it is with chalk or paint or pen, we treat them all the same.”

nonetheless, the decision to prosecute is worrying city officials.

Bob Filner, the city’s mayor, said he wants city council to discuss the expense of prosecuting Mr. Olson.

“I believe this is a misuse and waste of taxpayer money,” he wrote in a June 20 memo to City Attorney Jan Goldsmith.

“It could also be characterized as an abuse of power that infringes on First Amendment rights, particular when applied to some, but not all, similar speech.”

Prospective jurors also appeared to think the trial a waste of money.

Talking to a panel of 12 prospective jurors, Paige hazard, the city deputy attorney, asked them if they thought the case against Mr. Olson was a poor use of taxpayers’ dollars.

At least six hands shot up in response.