State settles over arrest of activist: Justice finally served . . . sort of . . . and late, as always

topic : Police Misconduct

On October 12, 2007 the Evergreen Law Group announced a settlement with the State of Washington over the arrest of an activist who was handcuffed, detained and cited while handing out leaflets against the Patriot Act in 2004.

The Evergreen Law Group represented Pat Tassoni, a civic activist, Tenants Union employee, co-president of Olympia’s Downtown Neighborhood Association, and occasional local CopWatch volunteer that monitors police, educates the public about police misconduct, and advocates for more accountable law enforcement practices.

The initial arrest occurred in the late morning of June 3, 2004, when Tassoni was walking to work past Sylvester Park in downtown Olympia, after having just left a “No Patriot Act” demonstration up the street. He was leafleting parked cars on his way and was noticed by General Administration employee Larry Kessel, who more recently was named the Olympia Downtown [business] Association’s 2006 “Person of the Year” for his heavy-handed role in targeted downtown park management. Tassoni was soon approached by Washington State Patrol Trooper Reginald Woods who demanded his identification, handcuffed and searched him, and cited him for failing to produce a license while operating a motor vehicle, even though Tassoni was a pedestrian and was not involved with any motor vehicle. Two additional troopers, Matheson and Baker, also responded to the scene. The charge filed against Tassoni was eventually dismissed.

“The charge against Mr. Tassoni was preposterous,” said Legrand Jones, the attorney who represented Tassoni in both the criminal and civil proceedings. The Evergreen Law Group is a member of the National Lawyers Guild and had also represented local activist “Long Hair” David Fawver when Fawver was wrongfully charged with assault in Sylvester Park by members of the Washington State Patrol in February 2004.

The current settlement agreement, in which the State of Washington denies any wrongdoing, is for an undisclosed amount. Tassoni hopes with this settlement that officers and troopers of all agencies recognize and respect the First Amendment rights of all people and that further training be provided to help officers understand the difference between commercial and free speech, public and private property, as well as between pedestrians and motorists.

Trooper Woods’ decision to summarily punish Tassoni by handcuffing, searching and citing him solely at the request of a fellow state employee demonstrates a disregard for Tassoni’s constitutional rights and has a chilling effect on all visitors and residents. Tassoni also believes that through use of his case, the public will understand how the police engage in political and social harassment of law-abiding people.

However, there remain outstanding issues with regards to Trooper Woods on other matters and the policies of the State related to park management. Last year, Woods arbitrarily cited local resident Ben Livingston for walking on Powerhouse Road, a popular pathway for joggers and pedestrians near Heritage Park. Woods also temporarily banned Livingston from Heritage Park although Livingston was not cited for any infractions in the park. Livingston is still pursuing justice in the issue. (For more information, visit http://inwa.net/~ben/trespass ). Tassoni is hopeful that the public attention to his own issue by this settlement will send a clear signal that it is not only unconstitutional, but counterproductive, for law enforcement to target people for their legal actions simply because they don’t like them.