‘Peaceful protesters’ say they were wrongly arrested for Fresno immigration rally

Charges against four protesters will be dismissed, after they were arrested for taking part in what they say was a peaceful protest against Fresno Mayor Lee Brand’s stance on immigration.

Luis Ojeda, Cesar Casamayor, Dawn-Marie Luna and Shannon Kurtz were served arrest warrants in March for their participation in a protest held to oppose Brand’s refusal to declare Fresno a sanctuary city. They faced misdemeanor charges and thousands of dollars in fines for obstructing the sidewalk during the protest – what activists called an overreaction by Fresno police.

On Monday, the city agreed to dismiss the charges against the protesters in one year if they obey all laws.

“I’m happy that the charges will be dismissed in a year, but I do not believe the individuals should have been charged in the first place for exercising their First Amendment rights. The protest that was underlying these charges was peaceful,” said attorney Robert Fuentes, of the Law Office of Kevin G. Little. “It cost them money. It cost them time. Obviously, their families went through a difficult period. So it’s definitely not without a price.”

After their arrests, community and faith leaders alleged that Brand and police Chief Jerry Dyer handpick which protests to regulate – something both officials have strongly denied. More than 50 protests have been held in Fresno in 2017, including a rally against white supremacy held on Saturday. Fresno police were present at that event, but Dyer said it was to protect people.

“This is not about spying on any individuals. We want to make sure that people are kept safe,” Dyer said.

Ojeda says, though, that Fresno police have a long history of targeting activists, dependent on their political affiliations.

“The police have been doing lots of surveillance activity of local activists and protesters and organizers for a long time,” Ojeda said. “We know the police have gathered at events that are more progressive or left-leaning that have occurred in the city, while they have ignored the protests by right-wing or conservatives. Really, it’s not fair.”

Andy Levine, of Faith in the Valley, joined other community groups outside the Fresno County Courthouse on Monday to condemn the arrests.

“This event started and ended peacefully, yet weeks later these four individuals were shocked to learn they had open arrest warrants and serious charges,” Levine said. “At a time when immigrants are already living under great fear and uncertainty, the response to this protest only risks increasing that fear, as well as intimidating all those looking to exercise their constitutional right to free speech and peaceful protest.”

This story was originally published August 28, 2017 at 4:43 PM with the headline "‘Peaceful protesters’ say they were wrongly arrested for Fresno immigration rally."