copy of a letter sent to Nathan Benjamin, one of the attorneys who represented Amy Courtney and Cassandra Brown

this location is great for vigils - we want to stay there - will send updates when we have them!!

From: Sherry Conable <sherryc (at) cruzio.com>
Date: Tue Mar 1, 2005 9:17:06 AM US/Pacific
Subject: CHP officer & Branciforte demonstration

dear Nathan

I was part of a group that joined a protest on Feb. 19, called California 1 for Peace, that was coordinated in about 45 communities up and down the CA and Or coasts along Highway 1

we chose to vigil on the overpass above Hwy 1, where Branciforte Ave crosses the freeway - we hung some signs on the fencing with bungee cords, and held others

first, a CHP officer came along and reminded us that we had to take all our signs with us when we left - a little later, two SCPD officers showed up, insisting that we could hold signs, but could NOT attach them to the fencing - one even threatened me with a citation when I said I thought she was wrong - anyway, after two more SCPD officers arrived, plus a CHP officer, and about 35 minutes of consultation, they decided we were right, and that we were lawfully exercising our first amendment rights - the parting comment of Sergeant Warren Barry was "Being here is you first amendment right. Enjoy it to the fullest!"

he also gave us a copy of the sections of the law that state you may not hold a sign that resembles or replicates a traffic control device, or that in any way covers or interferes with any traffic signs, so that we would be aware of that (sections 21465, 21466, 21466.5, and 21467)

we returned again this past Friday to the same location from 5-6:30 PM - we have a weekly peace vigil at that time, and decided to move it to that location, since the slowed down rush hour traffic provides a great audience!

this time a new CHP officer showed up (sorry, I did not get her name) and as she drove up, on her loudspeaker, said that "this is a lawful order to remove your signs immediately"

she was pretty aggressive at first, but got more friendly as she saw we were not going to be easily intimidated! - we told her of the previous week and our contact with law officials, and I mentioned that I had been in touch with the Chief of Santa Cruz Police, and he knew we would be there

she insisted that we were creating a traffic hazard because people were looking at our signs and banners, and that she had the right to disband any traffic hazard at any time, and could remove our signs if she so chose - she also insisted that SCPD had no jurisdiction over that location

we had a number of different,conversations with her over the next ten minutes or so, and finally she went to her car, spent about half an hour, and then cited section 21350 of the vehicle code (see below), and told us the only way we could lawfully display a sign was to GET A PERMIT FROM CALTRANS!! - I do not see that in this particular section and the other sections do not prohibit what we were doing

can you give us your opinion on this?? - we have been vigiling at the corner of Ocean and Water Streets every Friday for three and a half years - there is also rush hour, tourist traffic there, and clearly folks do look at our signs!

we want to continue at the Branciforte location - do you think what we are doing is lawful?? - or that it should be?? - I am happy to get a ticket/arrested, as I think are a couple of others, in order to push the issue, but I think she was simply wrong!

your prompt reply would be most helpful!!!!

thanks

sherry conable