Jeff Olson, the 40-year-old man who is being prosecuted for scrawling anti-megabank messages on sidewalks in water-soluble chalk last year now faces a 13-year jail sentence. A judge has barred his attorney from mentioning freedom of speech during trial.
According to the San Diego Reader, which reported on Tuesday that
a judge had opted to prevent Olson’s attorney from "mentioning the First Amendment, free
speech, free expression, public forum, expressive conduct, or
political speech during the trial,” Olson must now stand
trial for on 13 counts of vandalism.
In addition to possibly spending years in jail, Olson will also
be held liable for fines of up to $13,000 over the anti-big-bank
slogans that were left using washable children's chalk on a
sidewalk outside of three San Diego, California branches of Bank
of America, the massive conglomerate that received $45 billion in
interest-free loans from the US government in 2008-2009 in a bid
to keep it solvent after bad bets went south.
The Reader reports that Olson’s hearing had gone as poorly as his
attorney might have expected, with Judge Howard Shore, who is
presiding over the case, granting Deputy City Attorney Paige
Hazard's motion to prohibit attorney Tom Tosdal from mentioning
the United States' fundamental First Amendment rights.
"The State's Vandalism Statute
does not mention First Amendment rights," ruled Judge
Shore on Tuesday.
Upon exiting the courtroom Olson seemed to be in disbelief.
"Oh my gosh," he said.
"I can't believe this is
Tosdal, who exited the courtroom shortly after his client, seemed
"I've never heard that before,
that a court can prohibit an argument of First Amendment
rights," said Tosdal.
Olson, who worked as a former staffer for a US Senator from
Washington state, was said to involve himself in political
activism in tandem with the growth of the Occupy Wall Street
On October 3, 2011, Olson first appeared outside of a Bank of
America branch in San Diego, along with a homemade sign. Eight
days later Olson and his partner, Stephen Daniels, during
preparations for National Bank Transfer Day, the two were
confronted by Darell Freeman, the Vice President of Bank of
America’s Global Corporate Security.
A former police officer, Freeman accused Olson and Daniels of
“running a business outside of the bank,” evidently in reference
to the National Bank Transfer Day activities, which was a
consumer activism initiative that sought to promote Americans to
switch from commercial banks, like Bank of America, to
not-for-profit credit unions.
At the time, Bank of America’s debit card fees were among one of
the triggers that led Occupy Wall Street members to promote the
"It was just an empty
threat," says Olson of Freeman’s accusations. "He was trying to scare me away. To be
honest, it did at first. I even called my bank and they said he
couldn't do anything like that."
Olson continued to protest outside of Bank of America. In
February 2012, he came across a box of chalk at a local pharmacy
and decided to begin leaving his mark with written statements.
"I thought it was a perfect way
to get my message out there. Much better than handing out
leaflets or holding a sign," says Olson.
Over the course of the next six months Olson visited the Bank of
America branch a few days per week, leaving behind scribbled
slogans such as "Stop big
banks" and "Stop Bank
According to Olson, who spoke with local broadcaster KGTV, one
Bank of America branch claimed it had cost $6,000 to clean up the
Public records obtained by the Reader show that Freeman continued
to pressure members of San Diego’s Gang Unit on behalf of Bank of
America until the matter was forwarded to the City Attorney’s
On April 15, Deputy City Attorney Paige Hazard contacted Freeman
with a response on his persistent queries.
"I wanted to let you know that
we will be filing 13 counts of vandalism as a result of the
incidents you reported," said Hazard.
Arguments for Olson’s case are set to be heard Wednesday morning,
following jury selection.