Two Days In The Life Of An Environmentalist

Day One

Tonight I was arrested for nothing more than exercising my rights as acitizen in what I thought was a free country. Dick Cheney came to my town tostump for one of the Environmental Dirty Dozen, Indiana 8th District CongressmanJohn Hostettler.

I had made up a sign which stated, "CHENEY-19th Century EnergyMan." The event was held at the convention center across the street fromEvansville's government center. I walked down the street with my sign in hand toa location that I thought would at least be visible to the people entering the$100 to $1000 event.

As I stood across the street from the people who were entering the event, Iwas approached by a plain clothes policeman. The cop confronted me saying thatProtesters were not allowed in that area. I asked why since it was clear thateveryone but protesters were allowed in the area in which I was standing. Infact, the whole incident took place as the public employees who worked at thegovernment complex walked by without being accosted by the police at all.

It was clear that I was singled out only because I had a sign.

In the course of our conversation, several other cops surrounded the scene,more out of curiosity than anything else. I surprised myself with my calmdemeanor but I will admit to asking several questions concerning the 1stAmendment and why others were allowed in the area and I was not.

The main cop informed me that if I did not go more than a block away to thearea he apparently had just arbitrarily decided was to be used by protesters,that I would be arrested. I complied and started to walk away. When I turned toask if it was OK to go to the parking lot where hundreds of people were, eitherleaving work or arriving to attend the event, he instructed his uniformed men toarrest me.

They failed to read me my rights. They even talked among themselves what thecharge should be. Finally they decided to say it was "disorderlyconduct."

An 87-year old man who was standing there with me observed the whole thingand told the local media how shocked he was about the whole thing. I was shockedtoo. I was not in the least belligerent, although I did ask questions of theofficer who ordered my arrest.

What I was arrested for was exercising my rights, not necessarily to protestsince I had done none of that. No, this was a preemptive arrest to assure thatno one going to the event would see any protesters let alone hear anyprotesters.

I have learned a lot about civil liberties in my years as a photojournalistand as an environmental activist. I also understand the need for security,especially for people like the VP. However, I was singled out simply because Iwas carrying a sign that showed my disdain for Cheney. That is something thatcertainly falls within the realm of rights our country's founders fought toattain.

If you can be confronted by a cop simply because you are carrying a sign,then it won't be long before you will be subject to arrest for writing a letterto the editor or speaking out about injustice. If I had been in an area that wascordoned off or otherwise secured, there may have been reason to tell me toleave, indeed I may have been subject to arrest. But none of the people passingby were confronted by any authority. They did not have a sign stating theirviews. They were not exercising their free speech.

Frankly, I felt as if this must be akin to the silence that was mandated bythe Taliban towards Afghani women. Events such as this will certainly quell theprospect of protest of all official actions. I fear, that we have become justwhat Osama Bin Laden wanted us to be when he ordered the attacks on 9/11.

I am going to plead, "NOT GUILTY" when I am required to go toCourt. I will never say anything more accurate in my life.

Day Two

It was difficult sleeping last night. I stayed awake questioning whether thiswas all worthwhile. I awoke early to make my court appearance on a disorderlyconduct charge. I got to court to find that the prosecutor had decided that mycharges should be increased to a Class A Misdemeanor called Resisting LawEnforcement instead of the lesser charge. So now I am facing what could be ayear in jail for my political crime of carrying a sign to a political event.

Some people have suggested that I was marked before I even got there. I donot believe that to be the case, but it is true that I am a very outspokenmember of this rather compliant and docile community. It has also been said thatI am courageous for what happened last night. I would beg to differ since I hadno intention of getting arrested and took no pride in being forced to be aspectacle in my home town.

I had some great advice on the possibility of bringing a Civil Rights actionin Federal Court. I will consider that path. However, I am trying to remainfocused on what is turning out to be the battle of my life with Peabody Energyand their plans to build two 1500 MW power plants-one in Illinois and one inKentucky. The one in KY is in the comment period until February 28. The commentperiod was supposed to end tomorrow. Am I ever glad it was extended since I havenot been able to focus on that at all today.

Today has been a mixture of elation and depression as people have called andwritten their support. In fact, I arrived at my office after court to find myflag at half staff and a Kleenex anonymously attached to my door. Verymetaphoric.

Also on the positive front, a friendly attorney, representing another clientshowed up in court and offered me his services pro bono for my defense. Iaccepted. Then, too, a local TV station has decided to do an in-depth (at leastfor TV) analysis of the things that I am involved in from the numerousenvironmental fights to winning the Pulitzer for News Photography. No doubt thatwill be an ego boost but...

It does not in anyway make up for the trampling my civil liberties took lastnight. In court this morning, the Prosecutor tried to imply that I was beingremoved from the scene because I was some sort of threat to Cheney. I guess thepen is mightier than the sword.

In the affidavit, signed by the arresting officer, it was stated that theboss cop told me to leave or get arrested "at least five times." Infact, I was told that only once and I then complied. But of course, they had tomake something up in hopes that I would come into court this morning and bow totheir injustice. I am not sure how to counter the lie in the affidavit since myonly witness is an 87 year old man with hearing problems.

That is what has been depressing today. When the cops lie, what is anyone todo to defend himself.

(John Blair runs Valley Watch, an environmental group in Evansville,Indiana that battles against big coal and the nuclear industry. In 1979, he wonthe Pulitzer Prize for news photography. He can be reached at: ecoserve1@aol.com)