GULFPORT -- The American Civil Liberties Union of Mississippi filed suit Friday on behalf of a Gulf Coast woman, challenging her 2010 arrest for her peaceful protest of the BP oil spill.
The lawsuit was filed in U.S. District Court in Gulfport on behalf of Sandra Howard of Long Beach. The suit alleges Howard's constitutional rights were violated when she was prevented from engaging in a protest in a traditional public forum. It also alleges she was subjected to unlawful detention and seizure, and that her right to due process was violated.
The suit names the city of Long Beach, the Long Beach Police Department and Officers Shawn Johnson and Melissa Peterson.
The incident occurred June 12, 2010, after Howard walked onto a sidewalk in front of the Kangaroo Express gas station in Long Beach holding a sign in protest of BP. Shortly after Howard began her protest, Johnson and Peterson arrived, apparently in response to a complaint from the gas station manager. Although Howard had a permit to protest, the officers asked her to end her demonstration. When she refused, Howard was handcuffed and arrested as her husband and young son watched.
Howard was charged with disorderly conduct, failure to obey the order of an officer. She was transported to the Harrison County Detention Center. Her bond was set at $665 but her family couldn't afford to pay it so she spent the night in jail. She had no previous arrests.
Howard said she had a right to protest BP's Deepwater Horizon disaster, which led to the largest off shore oil spill in U.S. history.
“As the oil gushed out of the broken well into the beautiful Gulf waters, all I could think about was the devastation it was causing to my home and my community,” said Howard. “ I wanted to be sure that BP was held accountable for the damage. I wanted to show my son that we could make a difference. Instead he learned that it was not safe to exercise our most basic First Amendment rights. I am filing this lawsuit to make sure that no one else gets arrested for speaking out against injustice.”
ACLU of Mississippi Executive Director Nsombi Lambright said Howard's arrest shows the need for law officers to be trained on what constitutes disorderly conduct and on the elements of constitutionally-protected demonstrations.
"Our First Amendment rights are fundamental to our democracy," said Lambright. "It is our hope that this lawsuit will push Mississippi municipalities to engage in a serious review of their policies and practices as they relate to a citizen's right to engage in peaceful protest."
Howard's case was remanded to the file on appeal due to lack of evidence.
Bear Atwood, ACLU of Mississippi legal director, said the officers had no cause to arrest Howard.
"She didn't violate any city ordinances. She didn't trespass on BP property. She didn't obstruct traffic on the public sidewalk," Atwood said. "She was improperly detained by the officers and arrested without probable cause."
The suit seeks an injunction restraining officers from interfering with a citizen's right to peacefully protest in exercise of First Amendment rights. The suit also seeks compensatory and punitive damages and expungement of Howard's records.
