In response to a class action suit brought by hundreds of anti-war protesters who were illegally arrested that night, the City of Chicago took the unusual step of counter-suing against the demonstrators. Yesterday federal Judge Virginia M. Kendall rejected the City's attempt to have its suit certified as a class action.


As Kendall's order noted:

"The City's counterclaim relies on Section 8-28-020 of the Municipal Code of the City of Chicago (the 'Ordinance'): 'Any person who causes the city or is agents to incur costs in order to provide necessary services as a result of such person's violation of any federal, state or local law…shall be liable to the city for those costs. This liability shall be collectible in the same manner as any other personal liability.'"


Not noted in Kendall's opinion is that while hundreds were arrested by Chicago police that night in the single largest mass arrest in the city's history, all the charges were dropped in manners indicating innocence of the arrestees. In other words, there was no "violation of any federal, state or local law" as required by the ordinance — it was also the city's single largest FALSE arrest in history.


While Monday's ruling represents an important victory in the ongoing saga about the right to meaningfully demonstrate in this town, it by no means is the final chapter in this battle. The city could still choose to pick out individuals from the 2003 protest to sue, targeting people it views as "ringleaders."

The fact that the City relentlessly persists in fighting these lawsuits should give lie to the quaint notion that the Daley administration is in any way "pro-peace," evidence that is bolstered by Daley's unprecedented militarization of the city's schools.


Many thanks are due to the Chicago chapter of the National Lawyers Guild for representing the hundreds of antiwar protesters involved in the March 20, 2003 action.

This year's actions on the 5th anniversary of the U.S. invasion of Iraq will take place on March 19th and March 20th.

The Wednesday, March 19th protest will begin with a 6 PM rally at Federal Plaza (corner of Adams and Dearborn Streets, Chicago), followed by a permitted march at 7 PM up Michigan Avenue to the "Gold Coast."

Thursday, March 20th will open with a "Day of Resistance" with creative direct actions followed by a permitted 5 PM convergence at Federal Plaza.

For more information on this year's actions, go to:

www.chicagomassaction.org

Below is a pdf copy of Judge Kendall's order: