|
|
|||
|
|
|||
|
|
|||
|
|
|||
|
(5/9/2007)
Rapid City Police Believe Arrest of Pro-Life Presenter Constitutional Under School of Mines Policy Police believe individual may have wanted to be arrested
By Bob Ellis Dakota Voice Joey Cox, a team member of a pro-life group called Campus Life Tours (CLT), was arrested Monday when he and his eight-member team came to the South Dakota School of Mines and Technology (SDSM&T) in Rapid City to give an anti-abortion presentation. Cox had called the SDSM&T earlier that morning to advise the school that they would be coming to give a “free speech” presentation, but Julie Smoragiewicz, Vice President of University and Public Relations at the South Dakota School of Mines & Technology told him school policy required two weeks notice. Cox indicated they would come to the school anyway. Capt. Steve Allender of the Rapid City Police Department said today that according to the official police report, Smoragiewicz called police at 9:47 am Monday. The report also said Cox called the police department after talking to Smoragiewicz and was connected with Sgt. Elias Diaz. The two discussed possible repercussions if Cox proceeded to come onto the campus. Allender said the Campus Life Tours group arrived at the SDSM&T about 11:00 am on Monday and began to unload their materials from their van. Smoragiewicz and Sgt. Diaz were waiting in the school parking lot and met Cox as he walked across the parking lot with a sign he had brought. Smoragiewicz attempted to give Cox a copy of the policy, III A09, which she said required two weeks notice, but Allender said Cox refused to take it. Smoragiewicz advised Cox to leave the campus and Diaz began to ask Cox if he understood what was being asked of him. At the same time, Kortney Blythe, the Director of Campus Life Tour, began talking with Smoragiewicz, negotiating for a chance to give a presentation on campus. After Diaz determined Cox understood the request for him to leave the campus and he refused to leave, Diaz placed him under arrest for "failure to vacate." Allender said Cox was polite and cooperative as he was arrested, but that police believed the group had “picked” him to be arrested, and that Cox wanted to be arrested. Allender said that after Cox was arrested, Blythe sought clarification on the school policy with Diaz, and after she and the rest of her team were again asked to leave the campus, they departed without further incident. The police department believes the SDSM&T policy is constitutional and Sgt. Diaz acted on that basis, Allender said. Allender said he is not aware of any problems with the Campus Life Tours group in the past, nor have there been any similar incidents with other groups at the School of Mines. Meanwhile, Cox has retained the legal services of Stephen Wesolick, an Alliance Defense Fund allied attorney in Rapid City. Wesolick said yesterday that he has a videotape of the incident made by Campus Life Tours, and that he believes the actions of SDSM&T are an unconstitutional restraint on Cox’s First Amendment rights. Wesolick said the policy provided by Smoragiewicz addressed commercial solicitation and not a free speech presentation. “At the time of the arrest, the premises were open to members of the public and Mr. Cox had complied with all lawful conditions concerning access to the university campus,” said Wesolick. Wesolick will be representing Cox in court on May 16 and that Cox plans a “vigorous defense.” The School of Mines has so far not returned a call requesting an interview from Ms. Smoragiewicz. UPDATE (5/9/2007 9:00 PM): In an interview with Smoragiewicz this evening, she said she doesn't know specifically why the SDSM&T instituted a two-week notice period, but it has been that way since before she started working there over 12 years ago. Smoragiewicz said that time does allow for coordination of resources, accommodating the needs of visiting groups, and notifying the campus community, and perhaps this is the reason. Smoragiewicz said that when the group arrived on campus Monday, she gave them the option of putting up a display on the sidewalk between the Surbeck Center on campus at Saint Joseph Street, or coming back in two weeks, but CLT wasn't interested in either option. According to Smoragiewicz, the reason Cox was the only CLT team member arrested was because he had been moving toward the main part of the campus, but other CLT members were not. Smoragiewicz said that other pro-life groups have come on campus before, one in particular last October, and another she recalled had come on short notice but had left when they were informed of the two-week notice requirement. The SDSM&T campus solicitation policy is titled "Solicitation," but specifies that can include "political, religious, and other organizations and individuals representing public policy issues."
|
|
||
