We Three Sidewalk Standers - "Criminals" they Say

Adrian asked a question of Officer Brotherton, whose claim that blocking a sidewalk is a victimless crime: "how is it possible to have a victimless crime when by definition there must be a victim in order for a crime to exist (If there is no victim, it would be prior restraint)? Without an ability to answer, Officer Brotherton simply continued to reassert that blocking a sidewalk is a victimless crime. As the fruitless, but civil, conversation went on, Officer Fowler entered the picture and began to badger Adrian like a school yard bully, until pretty soon it reduced to a silly sophomoric scene unfit for someone in a police uniform. It was typical of the day's events, foisted and directed by both Court house officials inside and Officer Fowler outside.

Standing on a sidewalk is a crime (even if "a victimless crime") in Iowa City, according to Iowa City Police Officers Fowler and Brotherton. Officer Fowler argued that it is not necessary to actually block somebody on a public sidewalk to be guilty of the city ordinance prohibiting such a would-be action.

So, let me get this straight: if a person is standing on a sidewalk and no one is passing by to be "blocked," it is still a violation of the ordinance of "blocking the sidewalk?" Interesting... It's even more interesting when you consider the specific charges against Ron Toeller, Bob Braun and Adrian Horien, who were arrested (and in the case of Bob Braun, detained too) on January 15, 2008 by the afore mentioned Officers, of "Illegal Picketing." These word games are tiresome!

Let's set up the scene: Donna Holman had been in front of the Judge Egerton and found in contempt and taken way to serve 30 days in jail. Outside of the Court House 40 people gathered in protest of the actions against Mrs. Holman. The protesters spread out in front of the court house along the boulevard, on the lawn, and along the sidewalk - with a few small groups gathered here and there among the protesters. Officer Fowler and Officer Brotherton were in a police cruiser with video trained on the protesters. They can be heard talking on the tape, talking in plain terms that can only be considered intently looking for anything to charge someone in the group with . . . anything. The focus of this coordinated effort between the two Officers landed on Adrian Horien and Ron Toeller, who were cited for illegal picketing and blocking a sidewalk - penalty initially unknown, but requiring at least one return trip to appear in court.

As of this publication, the police video is not available of the Horien-Toeller arrests, but there was a video available for Bob Braun's, which occurred a short while later and a block away from the court house gathering.

Bob Braun, standing with another gentleman on a corner, holding a cup of hot coffee and talking, he was approached by (the same) Officer Fowler, who was motioning his arms to keep the sidewalk clear for pedestrian traffic. The problem with Mr. Braun began when he didn't understand what the officer was trying to communicate with the motioning of his arms. Mr. Braun was being uncooperative according to Officer Fowler; so he decided to detain Mr. Braun and take him away in a paddy wagon.

Now, you have to get this scene right: Bob Braun is a 72 year old man who doesn't move well and simply standing at the corner holding and drinking a hot coffee on a cold January day. According to Mr. Braun, Officer Fowler, without saying a word, approached the corner that Mr. Braun was standing at, moving his arms up and down thinking he was clearly signaling the men directions on what to do. Mr. Braun's "uncooperativeness" was nothing more than not understanding what Officer Fowler was telling him to do. Further, after the fiasco of trying to transport Mr. Braun to Jail (2 minute video link below), an additional charge of assault against a police officer was leveled (you've got to see this - it's actually kind of funny). Once transported to jail the County Jailer placed Mr. Braun in the drunk-tank, which has no chair and only a concrete floor and a grated hole in the middle of floor as a toilet. Don't forget, Mr. Braun's "offense" was blocking a sidewalk by standing there holding a cup of coffee when nobody was passing - NOBODY. http://www.dailymotion.com/antiaborticide/video/7065621

Back to Mr. Toeller and Mr. Horien: Toeller is handicapped with brain damage and Mr. Horien was present as a member of the press. All three sidewalk standers were there in some form because Donna Holman, a 72 year old grandmother, was being jailed unjustly. What's with all the standing on sidewalks in Iowa City? This sidewalk standing has got to stop!!

The folly of all of this is just too bazaar to think that it's just police misjudgment under the heat of the situation; mainly because there was no "heat of the situation." There has to be something more to this than what is apparent at first blush. We'll keep you appraised as it unfolds. The next date to watch is June 16, which is when the next court appearance is scheduled. All three have found legal representation through the Alliance Defense Fund, Atty Bob Anderson from Cedar Rapids, IA, who has successfully combined all three cases into one.