I-69 Repression Update
Aug 14th, 2008
An in-depth analysis of the current legal situation faced by the effort to stop I-69 (a Corridor of the Future) has been posted on the web site of Roadblock EF! (read the whole thing here).
Highlights include:
• 15 activists arrested at a recent lockdown at a Gohmann Asphalt facility in Haubstadt, IN, are facing one to three charges each (including trespassing, resisting law enforcement, and conversion [exerting unauthorized use or control of someone else’s property]). Many of these charges are groundless and clearly an attempt to intimidate activists. The activists are represented by public defenders. Trials are expected to be ongoing throughout the fall and possibly continue into the winter.
• Gohmann has filed a Strategic Lawsuit Against Public Participation (SLAPP) against these activists plus another person arrested at a different lockdown, demanding an exhorbitant $27,000 in restitution. It is clear that the supposed “damages” are completely fabricated or, at the very least, hugely inflated. Defendants are representing themselves, as they cannot afford lawyers.
• Gohmann has also filed an outrageous restraining order against all 16 people, requiring that they remain a minimum of 100 yards away from any site that Gohmann has proprietary or monetary interest in. This would include all 1.77 miles of the route and many situations out of the control of defendants, such as proximity to Gohmann trucks. A pro-bono lawyer is representing the defendants in a fight against this illegal restraining order.
The restraining order seems like an attempt to portray defendants as being part of a much broader network of eco-radicalism and scare potential jurers and community members about those who’ve come to Indiana to fight I-69. It is based on laws used to protect workers from potential stalkers and violence, even though no violence has occurred or even been threatened. It also includes inflammatory documents and statements attempting to link defendants with various other environmental groups with which they have no connection, including the Earth Liberation Front.
•The legal situation can appear somewhat bleak right now, but as one lawyer commented: “These are their biggest guns and they are pulling them out now, at the beginning.” Often large companies or the state attempt to overwhelm smaller groups with a lot of legal bureaucracy, knowing that it is a greater burden for those with fewer resources. These are clearly scare tactics that legally appear to be fairly groundless. Defendants plan to continue fighting this on all levels and will not let these tactics of intimidation stop them.
• Resistance continues! Contact roadblockef
yahoo (dot) com to get involved today. Although summer is nearly over, it’s much nicer in Indiana in the fall, anyway! Now is the time to ensure that they never build this road!