Wednesday, February 6, 2008

Careful where you protest, you could go to jail

A Las Vegas woman is serving two days in jail this week for violating a court order prohibiting her from picketing a jewlery store. Apparently, Diana Bickel, became disenchanted with the Tower of Jewels after the diamond the store set in her engagement ring fell out one month later. When discussion of the faulty installation reached an impasse, Bickel took to the sidewalk in front of the store with signs that read, "I have a problem with Tower of Jewels," and "I want my cash back Jack."

Problem is, the sidewalk in front of the Sahara Ave jewlery store is private property.

The Las Vegas Review-Journal reports:

Diana Bickel claims she was exercising her First Amendment rights last month when she picketed a Las Vegas jewelry store to complain that she received poor service when she had a heart-shaped diamond set in an engagement ring.

Not only did District Judge Susan Johnson disagree with Bickel on Tuesday, but she sent her to jail. While Bickel serves a two-day sentence, her attorneys vow to take her plight to federal court. "It's ridiculous," said attorney Barry Levinson, who was stunned when his client was carted off to jail. "I'll be damned if I am going to let a judge violate someone's constitutional right."

The dispute landed in District Court last month, when Johnson had to determine whether Bickel had a right to use the sidewalk as a public forum from which to exercise her right to free speech or whether she was trespassing.
To solve the alleged trespassing, Judge Johnson issued a court order restricting the picketing to the public sidewalk on the other side of Sahara. Bickel also agreed to stop picketing until the First Amendment issue was resolved in Federal Court.
But Bickel returned twice. Rather than picketing in front of the store, she hoisted her signs and walked from the corner on the north side of Sahara into the middle of the road, each time obeying the pedestrian traffic signal.

"The fact that she is walking across the street, pressing a little button to cross back across the street -- there is nothing wrong with that," Levinson said.

On Tuesday, Johnson ruled that Bickel violated her court order to stay away from the business or impede customers visiting the jewelry store.
Other cities have civil rights disputes over racial or class discrimination. In Vegas, our First Amendment fights boil down to diamonds and poorly crafted jewlery.

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