Sidewalk chalk messages could have spelled big trouble for Jeff Olson, an anti-bank activist.
Olson, 40, was almost charged $13,000 in fines and put in jail for 13 years for writing anti-bank slogans and drawings with chalk outside of a Bank of America in San Diego.
From April to August 2012, Olson, who said he was inspired by the Occupy Wall Street movement, wrote messages such as, “Shame on B of A,” and, “No thanks, big banks” on the sidewalk.
Last week Mayor Bob Filner called the prosecution of Olson “nonsense” and said, “It’s washable chalk, it’s political slogans, I think it’s a stupid case. It’s costing us money.”
A Superior Court acquitted Olson of the vandalism charges on Monday, The Associated Press reported.
Olson refused an offer by the city to drop the case, according to the San Diego reader. The offer would have required Olson to serve 32 hours of community service, attend an 8-hour seminar by the “Corrective Behavior Institute,” pay Bank of America $6,299, waive his Fourth Amendment rights guarding against search and seizures, and surrender his driver’s license for three years.
“I didn’t see how that was fair,” said Olson a few hours after the trial. “Why should I have to give up my license for two-years and serve 3-years probation just for exercising my first amendment rights? It’s sad to see the City Attorney’s Office now laying the blame on me for wasting taxpayer resources. It was their decision to take this to court, not mine.”
The trial began on June 25 and went on for four days.
Superior Court Judge Howard Shore imposed a gag order on participants during the trial, and refused to allow Olson’s attorney to argue that he was exercising his right of free speech with the messages.
“Graffiti remains vandalism in the state of California,” the city attorney’s office said. “Under the law, there is no First Amendment right to deface property, even if the writing is easily removed, whether the message is aimed at banks or any other person or group. We are, however, sympathetic to the strong public reaction to this case and the jury’s message.”
Olson’s attorney argued the messages caused no damage and that Olson did not have a malicious intent with his actions.
North Park neighborhood residents showed their solidarity for Olson by writing messages of support in chalk all around the San Diego Hall of Justice.
The outcome of the trial played in Olson’s favor not only because he was acquitted, but also because it brought more attention to his message.
“I couldn’t have done better if I rented an airplane with a banner and put billboards up all over town,” he said.
