[Fresh Ink] Zombies!

[May at Appleby Books]

Political theatre is alive and well. And effective.
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Zombies!

The U. S. Court of Appeals has ruled in favor of a group of
Minneapolis zombies who had filed a federal lawsuit charging they
were wrongfully arrested while protesting mindless consumerism in
2006. Police said they arrested the six lurching protesters because
they thought they were carrying "simulated weapons of mass
destruction," which turned out to be portable sound systems for a
Zombie Dance Party.

"I don't give a goddamn about anybody's constitutional fucking
rights."-Police officer Edward Nelson at the station after the
arrest, according to the undead plaintiffs.


Star Tribune, Last update: February 24, 2010 - 11:03 PM

Appeals court gives new life to local 'zombie' suit

The U. S. Court of Appeals on Wednesday released a ruling in favor of
a group of zombies who say they were wrongfully arrested while
protesting consumerism during the 2006 Aquatennial.

By JAMES WALSH

Apparently, it's OK to be a zombie in Minneapolis after all.

The U.S. Court of Appeals on Wednesday released a ruling in favor of
a group of zombies who say they were wrongfully arrested while
protesting consumerism during the 2006 Aquatennial. The ruling
reanimates the group's federal lawsuit against the city of
Minneapolis and its police, seeking damages of at least $50,000 for
each person arrested.

A three-judge panel of the court ruled 2-1 that police lacked
probable cause to arrest the group -- seven people wearing white
powder, fake blood and black around their eyes and shuffling around
like zombies -- for disorderly conduct. Police do not have immunity
from claims against them for making the arrest, the court ruled.

The appeals court did side with the city on two other points --
affirming the lower court's dismissal of the zombies' claims of false
imprisonment and First Amendment retaliation.

Jordan Kushner, the zombie group's attorney, said that the appeals
court decision is correct and cuts to the heart of the matter.

"They recognized my clients' rights in this case, that this is really
an outrageous violation of free expression," he said. "They were
trying to make a very thoughtful political statement and the police
came up with these bogus reasons to arrest them for it and put them
in jail."

Minneapolis City Attorney Susan Segal released a statement saying:
"The court affirmed two of the three claims in the city's favor, and
we are disappointed that a third claim was returned to the district
court. We're now preparing to revisit that claim in court."

A Minneapolis police spokesman declined to comment. The decision
reverses, in part, a ruling by U. S. District Judge Joan Ericksen
dismissing the case in favor of the city and police.


It all began around 6 p.m. on Saturday, July 22, 2006, when the
zombies -- Jessica Baribeau, Jamie Jones, Kate Kibby, Kyle Kibby,
Raphi Rechitsky, Jake Sternberg and Christian Utne -- met at the
Nicollet Mall light-rail station on a day of Aquatennial events.
Their plan was to protest what they viewed as consumers' mindlessness
by shuffling through the shopping zone dressed as zombies.

 >From the light-rail station, they lurched and scraped down the
Nicollet Mall, carrying four bags that contained sound equipment,
including an iPod, speakers and a radio transmitter. They played
music and broadcast statements such as "Get your brains here."

They stumbled close to bystanders and, according to court papers,
received "weird" looks from some.

Around 7 p.m., police got word of an anonymous 911 call complaining
about the group's antics. Police found the group near 7th Street and
Nicollet Mall, and the zombies explained what they were doing. Police
told the group to turn down their music and keep their distance from
bystanders.

Later, however, after officers heard a supervisor mention a violent
gang from Washington state known for wearing face paint, police went
back to the zombies to try to identify them. While the zombies were
listening to a performance of a high school drum unit, an officer
said, a young girl appeared to be frightened of them. Because most in
the group did not have IDs, officers took them to a police station to
be identified.

There, other officers said they were worried that the equipment in
the zombies' bags might be dangerous. It wasn't. Nonetheless, all but
one of the zombies were taken to the Hennepin County jail, and stayed
there for two days.

The zombies filed suit, claiming their constitutional rights had been
violated. But in September 2008, Judge Ericksen dismissed their
claims, saying police had probable cause to arrest them for
disorderly conduct. The zombies appealed.

On Wednesday, the appellate court ruled that the officers should have
more narrowly defined disorderly conduct. It was not enough that the
zombies were loud and may have been bothering people. Their
"expressive conduct" was protected by the Constitution, the court
ruled.

"I feel vindicated," Sternberg said. "We didn't do anything wrong."

http://www.startribune.com/local/85287037.html