Victory! Assistant D.A. Drops All Charges Against UNC SDS Activist

Students for a Democratic Society member Tamara Tal and her attorney Al McSurely are declaring victory in a court battle for first amendment rights. On April 30, Jeffrey Nieman, the Assistant District Attorney Jeffrey L. Nieman sent a letter to McSurely stating that he had filed a voluntary dismissal in the case of State v. Tamara Tal. Nieman wrote in his letter that "the facts [are] insufficient for conviction beyond a reasonable doubt." Ms. Tal had been charged with "failure to disperse" (blocking free passage of a walkway-- C.H. town ordinance 11-6).

Tamara Tal's trial had initially been set for April 14. Thirty community members rallied outside the courthouse before the trial was set to begin, holding signs that read "Support First Amendment Rights" and "Protest is not a crime!" in support of Tamara. The trial was postponed when arresting Officer Shehan called in sick. Organizers of Tamara Tal's defense campaign were preparing an even larger rally for the new trial date of May 12.

"Assistant District Attorney Nieman's decision clearly shows there was no justification for my arrest," said Tamara Tal. "I hope this sends a message to Officer Shehan and other police officers who would intimidate and harass peaceful protesters that justice and right will prevail in the end." Tal added, "We won't let rogue cops get in the way of our solidarity and support for the just struggle of the Coalition of Immokalee Workers."

Al McSurely commented, "This is a great victory for the people, and for the First Amendment right to protest and demand redress of our grievances. We hope the Town of Chapel Hill has learned its lesson and will respect the First Amendment rights of its citizens." He observed, "It was the support of the people – the petition, calling in to the District Attorney's office, and rallying outside the courthouse – that made the difference."

Student Action with Farmworkers, Student Action with Workers, the Chapel Hill/Carrboro NAACP, UNC Students for a Democratic Society, the Orange County Bill of Rights Defense League, and the NC American Civil Liberties Union support Tamara and applaud the decision of the Assistant District Attorney Nieman to drop the charges.

Background: On November 30, 2007, there was a picket on a public sidewalk in front of the Burger King on Elliott Road. The protest was part of a national day of action in solidarity with farm-workers who pick tomatoes for Burger King (http://www.ciw-online.org/). Fifteen minutes before the end of the picket, Tamara Tal arrived. As demonstrators were in the process of leaving several police cars drove up and Chapel Hill police officers proceeded to harass students and youth who were exercising their First Amendment right to assemble and right to free speech. The picketers stated that they would leave but were prevented from doing so by the police officers who were demanding that protesters identify themselves (when they were on a public sidewalk). Ms. Tal was arrested for "failure to disperse" on a public sidewalk as she was attempting to walk to her car to leave.