Santa Cruz Indymedia :
Santa Cruz Indymedia

LOCAL Commentary :: Police State

Kennedy's Retraction Letter

Attorney Kate Wells received this letter from Scott Kennedy the day before yesterday and passed it on to me.

March 10, 2004

Fish Rap Live!
UCSC Press Center
1156 High St.
Santa Cruz, CA 95064

To the Editors:

In the interview published on Febrfuary 11, 2003, I incorrectly stated that "[Robert]Norse is famous for being successfully prosecuted for doing a Nazi salute..." By this letter I wish to retract that statement.

Mr. Norse was not prosecuted for doing a Nazi salute. Rather he was ejected by Mayor Christopher Krohn for disruption of the Council meeting and arrested after refusing to leave the Council Chambers. Mr. Norse displayed a Nazi salute from the side of the Council Chambers after the close of oral communications. Though Mr. NOrse has made a similar salute from the podium during oral communications, he had previously been warned by the Council for making such a gesture while others are speaking.

Mr. Norse subsequently brought a civil rights action against the City, claiming that the City Council's "Rules of Decorum" governing public behavior during meetings are unconstitutional on their face and as applied.

The City Attorney prevailed on the City's behalf in U.S. District Court on a motion to dismiss Mr. Norse's suit.

Mr. Norse has appealed the dismissal of his suit, and the matter has been briefed and argued before the Ninth Circuit Court.

We are currently awaiting the Ninth Circuit Court's decision.

I wish to correct and apologize for any confusion or harm caused by my earlier mischaracterization of the events related to Robert Norse's public use of the Nazi salute.


Scott Kennedy

cc: Kathleen E. "Kate" Wells
Santa Cruz City Council
John Barisone, City Attorney
Lauren Kennedy, Fish Wrap Live!
Dan White, Santa Cruz Sentinel
Laurel Chesky, Good Times
Sarah Phelan, Metro Santa Cruz
Ken McLaughlin, San Jose Mercury
Chris Amico, City on a Hill Press

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