Arrested at the Circus - Part Three

(Continued from Part Two)

After what seemed like an eternity, but was really about an hour and a half, the nice police officer came back to my cell and told me I would be free to go as soon as I signed the citation against me.   Sitting in the jail cell for almost two hours had only made me more upset, and when I saw the two arresting officers out in the station, I blurted out, "So, which one of you supposedly read me my rights?*"

Both of them just stared at me.  A different police officer behind the desk said, "You better watch it, or you'll spend the weekend in the Roundhouse."  I was more than a little intimidated by THAT threat, so I shut up.

Philadelphia Police "Roundhouse"

I had to review the citation against me, which was issued for "Disorderly Conduct" and sign it to confirm that I had received it.   The nice police officer explained that I wasn't admitting guilt, but just stating that I had read the charges and knew that I was summoned to appear in court to address them.  I signed it, and then I was free to go.

My friend Val and the other demonstrator were waiting for me on the steps outside the station.  I was so happy to see them, but still shell-shocked by the whole experience.  On the drive back to my car, the other demonstrator asked me, "Do you think it was worth it?"  I said, "What do you mean?"  She said, "You know, getting arrested and everything?"  I said, "I wasn't doing anything illegal and I never thought I would be arrested!"  I was pretty upset, and Val said, "Let's talk about something else."  We were silent the rest of the way to my car.

I was happy to get home to Miller, who was fine.

There were still two more days of demonstrations scheduled for UniverSoul Circus.   It was very hard for me to go back to the location the following morning, but I felt that if I didn't go back, the police and circus thugs would have succeeded in intimidating me into silence.  I also wanted to take photos of the arrest site and try to get the circus security guard on tape to describe what had happened the night before.  At that time, I only had a tape recorder (no video recorder), so I brought that with me to the morning demonstration.

Another demonstrator, Dez, was there and we approached the circus security guard together.  I told him that I was tape recording him, and I said that I had been arrested based on what he had told the police.  He said, "I just told the police you was irate.  I didn't say you was yelling or fighting"  I asked him his name, but he refused to give it.  I later found out it was "Rashid Tawwab."   The demonstrations that day and the final day, Sunday, passed without incident.  I stood at all times in the same spot where I had been arrested Friday night, in full view of both uniformed police officers and other Civil Affairs officers.

My court date was scheduled for several weeks later.  In Philadelphia on charges like mine of disorderly conduct, you have to appear before Community Court to plead guilty or not guilty.   At Community Court, if it is a first-time offense, you alternatively can enter a plea of "no contest," where you will be assigned to community service.  If you complete the community service, your record is cleared and it is pretty much like you were never arrested.  Or, you can plead "not guilty," and you will receive a trial in Municipal Court.    I pled "not guilty."

I was assigned a trial date, and I prepared for trial.  Another demonstrator, Dez, appeared with me and our plan was to have her be a witness as to what had happened during various demonstrations (she had attended many of the other demonstrations with me).  I had no clue about criminal procedure in Philadelphia, but I figured because I hadn't done anything illegal, I would just show up, tell the truth, and everything would be fine.

It turned out that the "date for trial" was not really a date for a trial, but simply a date where a trial would be scheduled.  I realized that I was truly in over my head, and that I needed to hire a criminal defense attorney to represent me at my actual trial, or I wouldn't have a chance, even though I did nothing illegal.

I asked my friends and colleagues for recommendations for criminal defense attorneys.  I called at least five, and all but one suggested that I plead "no contest" and take the community service.   That attorney, Marc Neff, understood that I was not interested in pleading "no contest" and that I was willing to risk the result of a trial, even if it meant I might be found guilty.  I hired Mr. Neff and paid a retainer of $2,000.00.

My trial was finally scheduled for October 2005, six months after my arrest.  At my trial, the District Attorney amended the charges to include "Failure to Disperse," which was puzzling because that charge requires a minimum of three persons, and there were only two of us at the demonstration.  It really seemed the District Attorney was out for blood in my case!

Officer West testified first.  He testified under oath that I had been yelling and screaming when he and Officer Sheldon arrived on the scene.  He also testified under oath that I forced literature upon circus patrons who didn't want to take it, who then balled it up and threw it back at me, along with other things like soda cans.  He also testified under oath that when I was placed under arrest, I became even louder and more unruly, and it was difficult to control me.

I testified next, and described what happened, which was basically that I was standing on a public sidewalk and refused to move when the police told me to move.  Upon Mr. Neff's direction, I had five character witnesses in the courtroom with me (thanks so much Val, Bev, Kristy, Jess, and Debbie!).  The District Attorney started to question them, and asked Bev, "What is the defendant's conduct like with the police?"  My lawyer objected, and the judge said she didn't care what about what my conduct was like in other situations, and so no one had to answer that question.

Attorney Marc Neff did a great job

I was found not guilty.  When I saw Officer West near the elevator, he said, "Congratulations."  Bev said to him, "Liar liar, pants on fire."  I just stared at him in disbelief and wonder.

I filed a complaint with the Internal Affairs Division, but there was no response for many months.  The ACLU of Pennsylvania got involved with my case, and filed a civil lawsuit on my behalf in Federal court.    After months of discovery and depositions, we reached a settlement where the City of Philadelphia agreed to pay the ACLU attorneys fees and me $5,000.00, and to train all of the Civil Affairs officers on basic First Amendment rights.

Shortly after settling, I threw a "Free Speech" party at Mi-Lah Restaurant in Philadelphia, where about 35 animal activists had a wonderful dinner, courtesy of the City of Philadelphia!

For a copy of the complaint, please click here.
For a copy of the settlement agreement, including specific training instructions, please click here.

*  I later found out that the police are only required to read someone their "Miranda Rights" in certain situations, such as when they are going to be questioned.

Arrested at the Circus - Part Two

 (continued from Part One)


On April 1, 2005, I worked at my paying job until about 6:00 pm, when I headed over to the demonstration against the UniverSoul Circus. I arrived at about 6:15 pm, a little over an hour before the show was to start.


One other demonstrator was there, and we both held signs and offered leaflets to circus patrons. We stood on a sidewalk leading up to the circus venue. Almost immediately, a circus security guard approached us and requested that we move to the curb near the street. There was no sidewalk near the curb, but simply a muddy, grassy area, and we would not be able to reach most of the patrons going to the circus if we stood there. We refused to move.

Sidewalk where we were standing

The circus security guard then approached a uniformed Philadelphia Police officer who was directing traffic and talked to him briefly. After the security guard left, I asked the uniformed police officer what he wanted. The officer told me that circus security guard had requested that the uniformed officer tell us to move. The police officer refused to do so, telling the security guard that he didn't think we were causing any problems. I gave the uniformed police officer a dvd that showed how animals in the circus were trained, and he went back to directing traffic.


The circus security guard then started following me around and as I handed out leaflets to patrons, he would say things to patrons like, "You don't need to take those." The circus security guard also pointed to my boots and said, "What about those leather boots, you're a hypocrite!" I offered to take off my boots to show him that they were synthetic, but I suggested that he probably wouldn't want me to do so since I had been wearing them all day and they might be a bit smelly.

A few minutes later, two officers in plainclothes, Charles Sheldon and Donald West of the Philadelphia Civil Affairs Unit, arrived and spoke briefly to the circus security guard. The officers then approached the other demonstrator and me and asked us to move to the curbline. The other demonstrator immediately moved to the curbline, but I asked the officers why we had to move. Officer Sheldon said, "Because that's the agreed-upon area." I said, "This is a public sidewalk, and I have the right to be here. If I am doing something illegal, you can arrest me."


(NOTE: I recommend that you NEVER suggest to police officers that they arrest you. It is better to say something like, "What will happen if I don't move?" and see what they say. At the time this happened, I was very certain of my right to stand on that sidewalk, and I never dreamed the officers would, in fact, arrest me!)

I then continued offering leaflets to patrons as they approached the circus.  Officer Sheldon came over to me and said, “Okay, you’re under arrest” and then told me to go over to his car.  He had a female police officer frisk me, and then he handcuffed my hands behind my back. 

I was shocked because I knew I was doing nothing illegal, and I asked the officers what I did.  They refused to answer, and when I asked again, Officer West said, “You’ll find out.”    Officer Sheldon told me to get into the back of his car, where I sat for about ten or fifteen minutes, until a police van showed up.


When the police van arrived, I was escorted into the back.  I was transported to the 19th District police station at 61st Street and Thompson St.   At the police station, I was placed into a jail cell with a cot, a sink and a toilet, and I was released from my handcuffs.   I had no idea how long I was going to be detained.  I was very worried about my elderly dog Miller, who was diabetic and needed a shot of insulin every 12 hours.  He was due for his next shot at about 8:00 pm that night.


A uniformed police officer interviewed me in my cell, asking questions like my name, my address, etc.  He was very nice, and I asked him how long he thought I would be jailed, and he said he thought it would be no more than an hour or two. There was a television set near the cell, and he asked me if I preferred to have the set on or off.  I told him on, and he turned it to a station that played reruns like Friends and Seinfeld.  I know that I was in the cell for at least an hour, because at least two half-hour sitcoms played.

Jail is a scary experience, no matter how long you're confined.  I recited the "Serenity Prayer" ("God, Grant me the serenity to accept the things I cannot change, the courage the change the things I can, and the wisdom to know the difference") to myself at least a hundred times to try to remain calm.   At some point, the nice police officer came back to my cell and handed me something.  It was a note wrapped around two quarters.  The note said, "We are waiting for you outside.  Love Val."  I then knew my friend and fellow activist Valerie was in the police station waiting for me, and I felt tremendous relief.  I had been concerned about how I would get from the police station back to my car, and I knew that Val would wait for me, no matter how long it took.


CONTINUED- for Part Three, please click here.  Thank you for reading!