AN APPELLATE COURT final 12 months discovered San Jose leaders violated an individual’s First Modification rights with a uncommon restraining order that hindered him from filming cops in public. Town is combating to maintain it in place anyway.
“We conclude that some aspects of the restraining order amounted to an impermissible restriction of Robinson’s First Amendment rights because it was not narrowly tailored and reverse the guilty verdict for two counts,” Decide Thomas Kuhnle wrote within the ruling issued in November.
Robinson referred to as the appellate ruling a “relief” — and grounds for a contemporary civil rights lawsuit towards the town. He’s scheduled to seem for an additional civil listening to on March 17 the place the town is making an attempt to get the order renewed, in response to court docket data on-line.
Nicholas Robinson poses for a photograph with a Hayward police officer in an undated picture. Robinson was the topic of a San Jose restraining order that barred him from filming cops from inside 100 ft. Nevertheless, a Santa Clara County appellate decide dominated that the order violated his constitutional rights. (Nicholas Robinson through San Jose Highlight)
“What I want to do next is try to hire a civil rights lawyer and sue as a result of this,” he advised San José Highlight. “I lost a lot of money, wages and work over this.”
Metropolis Lawyer Nora Frimann is standing by San Jose’s restraining order apply, arguing the 100-foot distance rule is a “fairly standard provision” for office restraining orders, however that the town will overview it when pursuing others.
“Basically, Mr. Robinson continues to engage in disruptive and threatening behavior. We are certainly mindful of the appellate division’s ruling as to the stay-away distance as we approach the upcoming hearing,” Frimann advised San Jose Highlight. “But the appellate division upheld other restrictions, including the prohibition on shining lights in officers’ eyes and otherwise diverting officers’ attention from their duties, that continue to be concerns for SJPD officers based on Mr. Robinson’s ongoing behavior.”
DA reviewing the case
It’s unclear if District Lawyer Jeff Rosen’s workplace will attraction the court docket’s November determination.
“We are reviewing the rulings,” DA spokesperson Sean Webby advised San José Highlight.
Town obtained its restraining order towards Robinson in 2019 on the grounds of defending San Jose Police Division workers. Officers on the time — and an inside bulletin distributed in 2019 — accused Robinson of aspiring to “hunt” and “bait” officers into contacting him. This was after officers broke Robinson’s arm in 2018 after the then-security guard appeared together with his flashlight to movie police conducting an arrest by Freeway 101. Town settled with Robinson over the harm for $30,000.
His actions are generally generally known as “cop watching,” often carried out by people who movie and observe legislation enforcement to make sure no misconduct happens. Folks have a First Modification proper to report the police and “public servants performing their public duties in a public place have no right to privacy regarding your right to record their actions,” in response to the Civil Liberties Protection Heart.
“The San Jose police thought they were being novel in trying to manipulate the law to criminalize someone for having the courage to document abuse. The tactic backfired.”
Raj Jayadev, Silicon Valley De-Bug
San Jose Police Division representatives declined to touch upon the ruling.
Raj Jayadev, founding father of neighborhood organizing and civil rights group Silicon Valley De-Bug, referred to as the ruling a vindication for civil liberties as a complete.
“The San Jose police thought they were being novel in trying to manipulate the law to criminalize someone for having the courage to document abuse,” Jayadev advised San José Highlight. “The tactic backfired. They should have spent that energy and resources in addressing the reason why people feel it necessary to record law enforcement interactions in the first place — the police violence itself.”
This story initially appeared in San Jose Highlight.
