September 20, 2005
Great news from the Pepper Spray Q-tip Trial: WE WON! The jury unanimously found the direct application of pepper spray to our eyes with Q-tips and spraying from inches away to be excessive force in violation of our constitutional rights. This will deter the future use of pepper spray on protesters.
One juror said she believes that the jury helped set a
precedent that "nonviolent people should not have violence used against them."
"The plaintiffs were never in it for the money; they were in it for the principle," said attorney Tony Serra.
When asked if Humboldt deputies would resume using pepper spray on nonviolent protesters, Sheriff Gary Philp told the Eureka Times-Standard: "We're not going to do a practice that is just going to put us back in court."
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We are responding to a flurry of post-trial motions and have requested an injunction against using pepper spray on peaceful activists in the future, as well as fighting for reimbursement for our attorneys' fees. With only $8 in damages awarded by the jury, we obviously can't begin to pay our hard-working legal team for their time and expenses during their years of work. The law is unclear about whether the defendants will have to pay our attorney fees, and it could take a year or more to find that out.
We need your help. Please check out our website www.nopepperspray.org to find out what you can do (you'll also find all our legal briefs, photos, courtroom drawings, and much more). Or contact us: Pepper Spray Civil Rights Fund c/o Law Office of Dennis Cunningham, 115 1/2 Bartlett Street, San Francisco, CA 94110, tel. 415/285-8091; or through Trees Foundation, 707/923-4377.
Onward! The Pepper Spray 8
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TOC for Forest & River News, Summer 2005