Critical Mass defendent found not guilty

by DENNIS GEISINGER

Critical Mass has become a worldwide movement

The April 14 acquittal of a University of Minnesota student on charges stemming from arrests made at last summer’s downtown rally organized by pro-cycling movement, Critical Mass, has been viewed by advocates for free speech as a first-round victory in anticipated battles between protesters and police during this fall’s Republican National Convention (RNC) here in the Twin Cities.
“This is a big victory for free speech,” said executive director of the Minnesota ACLU Charles Samuelson. “Freedom of assembly is an important part of our First Amendment rights,” Samuelson said.

Twenty-one-year-old film student Augustin Ganley was arrested on Aug. 31, along with 19 others, while participating in a regularly scheduled mass ride down LaSalle Avenue, part of ongoing demonstrations in support of non-motorized transportation. According to police, most of the 19 had third-degree riot charges dropped and were released after spending the night in jail. But after two weeks, Ganley was charged with two gross misdemeanors, assaulting a police officer and obstructing the legal process, and one misdemeanor, fleeing a police officer.

According to witnesses at the rally, police had used mace, pepper spray and tasers to subdue demonstrators, many who were chanting, “Let him go!” and “What’s the charge?” Video footage of the ensuing melee released by local news stations show at least one officer using an aerosol against cyclists.
“I have always been a supporter of the Minneapolis Police Department when it comes to community-based policing that aims to stop the commission of real crime, but that’s not what happened in August,” said University student Tony Webster, whose photos of the rally appear at flickr.com/photos/diversey. “I think August’s Critical Mass was the MPD’s showing of force, combined with the misuse of the ‘Officer Needs Help’ call and a lack of communication and responsibility that is to be blamed on MPD’s administration,” Webster said.
“I continue to have serious concerns about both the MPD response to this event and the subsequent decision to bring these charges forward to trial,” said Minneapolis City Council Member Cam Gordon (Green-Ward 2). “This verdict strengthens my concerns, especially given the very short jury deliberation time before returning an acquittal,” Gordon said.

Reports from the five-day trial say that the jury was able to reach its not-guilty verdict only ten minutes after requesting a second look at photographs and video taken by defense witnesses.

According to the ACLU’s Samuelson, in order for police to press a case against a group on bicycles obstructing traffic— regardless of their intentions—they would have to establish some difference between the actions of the demonstrators and those of crowds leaving from a sporting event or concert.
“You can’t punish intent,” Samuelson said.

Trial testimony by police also revealed the formation of a task force just days prior to Aug. 31 that would focus on perceived elements within Critical Mass suspected of planning protests of the RNC. Police said that this task force, charged with escorting demonstrators during their ride, was composed of special officers, extra police cars and even a State Patrol helicopter.

“They’re getting ready for the convention,” Samuelson said.
“This whole episode is an embarrassment to the City of Minneapolis, the Minneapolis Police Department, and now the City Attorney’s Office,” Gordon said. “I continue to fear that the City will make the same mistakes this summer, when the whole world is watching,” Gordon said.

Gordon is responsible for a Free Speech Work Group put together last August to address potential free speech issues related to the upcoming RNC. One such issue involves the consideration by the full City Council of a proposed ordinance that would require permits for rallies of 25 people or more, that would criminalize attendance at rallies without permits and that would make permit holders responsible for property damage occurring at a rally.