Voter Registration Arrest Of Ray Lutz

Sub-projects

Status

• Ray Lutz arrested while engaging in the peaceful political activity of voter registration at Civic Center Plaza. See Video

• After almost two years, the City and other defendants have decided to settle for monetary and non-monetary damages.

• Read the Statement by Ray Lutz about the circumstances surrounding his arrest on Nov 29, 2011
• Owner/Operators of Civic Center Plaza Office Building include Goldman Sachs, hedge funds and Wall St. Banks -- a who's who of the criminal banking industry 0.1%
• Ray Lutz has filed a lawsuit against the owners and operators of the Civic Center Plaza building, that invoked the citizens arrest.
  • Press conference held Nov 30 at 5pm to announce the lawsuit.
  • Attorney Mike Aguirre was originally handling the case on contingency basis
  • Read the Complaint by Lutz against CBRE -- this details the ownership of the building and the largest share ownership of Goldman Sachs, and the chair of the board of CBRE is Richard Blum, husband of Senator Diane Feinstein.
  • First case was not filed without prejudice so that the case could be expanded to include the City of San Diego.
• On 2012-01-27, a claim was filed against the City of San Diego regarding civil liberties violation for conducting this arrest. Because this will likely entail a lawsuit against the City of San Diego, former city attorney Mike Aguirre was taken off the case an instead Bryan Pease will be handling that case, as well as any civil proceedings against the building manager CBRE.
  • The City of San Diego denied the claims on 2012-03-15, which started a six-month clock for filing a case against the city.
• Case #37-2012-00103865-CU-CR-CTL was filed on 2012-09-13 and assigned to Judge Denton. Attorney Bryan Pease is handling the case.
• The ACLU may find it appropriate to taking up this case to test Pruneyard: The public square where part of it is owned by a private party, and the fact that voters who were registering were not allowed to complete their registrations.
• See also Encroachment Law where the various laws are described.

Background

Timeline

• 28 Nov 2011 - Letter hand-delivered to operator of Civic Center Plaza office building, Cyndi Poes, of CBRE, informing them that a voter registration table would be set up.
• 29 Nov 2011 - Ray Lutz attempts to set up voter registration table in Civic Center Plaza, is arrested at about 1pm.
• 29 Nov 2011 - Ray Lutz released from jail at about midnight.
• 30 Nov 2011 - False Imprisonment lawsuit filed by attorney Mike Aguirre, former City of San Diego City Attorney.
• 01 Dec 2011 - Other members of the public set up voter registration tables with no arrests made.
• 10 Jan 2012 - Arraignment hearing of Ray Lutz not scheduled because no charges were filed.
• 27 Jan 2012 - Claim against [[City of San Diego for false arrest of Ray Lutz]] filed for Civil Rights violations, false arrest, unlawful arrest, and the like.
• 27 Jan 2012 - Mike Aguirre taken off the case so we can sue the City of San Diego
• 15 Mar 2012 - Rejection letter by City of San Diego. See Claim against City of San Diego for false arrest of Ray Lutz. Have until Sept 15, 2012 to file the case against the City of San Diego.
• 13 Sep 2012 - Case #37-2012-00103865-CU-CR-CTL was filed and assigned to Judge Denton. Attorney Bryan Pease is handling the case.
• 24 Jan 2013 - Agreement with Law offices of Gerald Singleton to take over the case.
• 27 Feb 2013 - Pretrial mediation in federal court with Judge Bartick. Ray missing this because he was in the hospital over the weekend, so nothing much was done.
• 09 Sep 2013 - Conference with Judge Denton regarding schedule for the case. Move up date from Sept, 2014 to June 2014, at least as a tentative date.
• 16 Oct 2013 - Settlement conference where most of the terms of a settlement were determined.
• 04 Dec 2013 - Meeting with Bryan Pease and Singleton to discuss any open issues with our agreements and plan strategy for mediation conference.
• 04 Dec 2013 - Mediation with Judge Bartick to talk about non-monetary terms of settlement agreement with all parties. Gag order on Ray was mostly but not completely eliminated.
• 10 Dec 2013 - San Diego City Council approved their portion of the settlement ($60K) in open session. This was already approved in closed session and negotiated before the judge.

Summary of articles submitted (Add | All):

• (M1392) 2013-12-10 Occupy activist gets $60K for 2011 arrest -- City settles with Ray Lutz who sued after trespassing arrest -- Craig Gustafson, Union Trib,
• (M1394) 2013-12-10 Criminal case dismissed against lawyer who represented Occupy and Animal Protection & Rescue League -- , Animal Protection and Rescue League,
• (M1395) 2013-12-10 Ray Lutz settlement with the City of San Diego -- Ray Lutz, Citizens Oversight,
• (M1393) 2013-12-09 City attorney loses two more First Amendment battles -- Overturned conviction; also, $60K settlement likely in Ray Lutz case -- Dorian Hargrove, San Diego Reader,
• (M1391) 2013-12-08 City of San Diego to Approve Settlement with Ray Lutz for Voter Registration Arrest near Occupy San Diego Meeting Area -- Ray Lutz, Citizens Oversight,
• (M1371) 2013-06-20 Special Interrogatories, Set One, propounded to Plaintiff Ray Lutz by Defendant Tony Lessa -- Tony Lessa, Citizens Oversight, Marked received 6/21/13; Calendared 7/23/13
• (M1302) 2012-09-14 Ray Lutz Files Suit: False Arrest while Registering Voters -- Ray Lutz, Citizens Oversight, Mentions Michael Aguirre
• (M1301) 2012-09-13 Case #37-2012-00103865-CU-CR-CTL -- Lawsuit Filed by Lutz for false arrest while Registering Voters -- Bryan Pease, Citizens Oversight,
• (M1297) 2012-01-27 Claim against the City of San Diego for False and Unlawful Arrest of Ray Lutz registering voters -- Ray Lutz, Citizens Oversight, City Of San Diego, Topic includes rejection letter by the City of San Diego
• (M1319) 2012-01-05 Proposal to the City of San Diego Rules Cte for Encroachment Law Ballot Proposal -- Martha Sullivan, Occupy San Diego,
• (M1211) 2011-12-08 Occupy Movements in San Diego, Oklahoma City, Boise Dig in -- , pbs.org, Includes coverage of the arrest of Ray Lutz and subsequent challenge to voter registration tables.
• (M1210) 2011-12-01 STATEMENT BY RAY LUTZ REGARDING ARREST WHILE REGISTERING VOTERS ON NOVEMBER 29, 2011. -- Ray Lutz, Citizens Oversight,
• (M1209) 2011-11-30 False Imprisonment Complaint by Lutz against CBRE, et al -- Michael Aguirre, Citizens Oversight,
• (M1298) 2011-11-30 LUTZ FILES CIVIL RIGHTS SUIT AGAINST BUILDING MANAGER OVER ARREST WHILE REGISTERING VOTERS AT CIVIC CENTER PLAZA -- Miriam Raftery, East County Magazine, Mentions Michael Aguirre
• (M1207) 2011-11-29 Raw video of Ray Lutz being arrested at Freedom Plaza (Civic Center) -- , , Lutz was arrested on Tuesday, November 29th after setting up a voter registration table in Civic Center Plaza.
• (M1217) 2011-11-29 Eye witness accounts of Ray Lutz arrest -- Eugene Davidovich, Occupy SD 99,
• (M1299) 2011-11-29 Occupy SD Ray Lutz Arrested for Registering Voters Nov 29 -- Occupy SD 99, You Tube,
• (M1300) 2011-11-29 Voter Registration Arrest San Diego -- 1ionessa, You Tube,
• (M1205) 2011-11-28 Letter to Owner of Civic Center Plaza Office Building -- Ray Lutz, Citizens Oversight,
• (M1372) 1980-06-09 PruneYard Shopping Center vs. Robins -- Justice Rehnquist, Supreme Court of the United States,

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The following media is manually entered here and should be added to the media pool.

• http://www.youtube.com/watch?v=ND2M3SVgNsQ Eye witness accounts of Ray Lutz arrest
• http://www.youtube.com/watch?v=O19ja_9ONT8 Rally regarding Ray Lutz arrest
• http://www.facebook.com/raylutz/posts/234907726575431
• http://www.youtube.com/watch?v=bzFQPIEt8NY KPBS coverage of subsequent tables.
• http://www.eastcountymagazine.org/node/8018 LUTZ FILES CIVIL RIGHTS SUIT AGAINST BUILDING MANAGER OVER ARREST WHILE REGISTERING VOTERS AT CIVIC.
• http://www.facebook.com/notes/carrie-christie/occupysd-ray-lutz-arrested-for-heinous-crime-of-trying-register-voters-wish-i-we/314705725224358
• http://www.facebook.com/notes/terrie-best/former-congressional-candidate-arrested-for-voter-registration-booth/10150400635950886

Police Officer Tony Lessa reads the Pruneyard Supreme Court Decision after telling Lutz he had to remove the table and Lutz refused. Note plaque on the ground in the lower left hand corner of the picture marking the start of "private property"
Full Size

Shot of Civic Center Plaza annotated with location of voter registration table

Arrests / Citations

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Name (Last,First M)	Law Enforcement Dept	Book Num Case Num	Date Time	Violation Desc	Violation Location	Officer Name (Last, First) Badge Num	Court Date	Bail / Bond	Note	Tags	Event Topic

• lutz-claim-against-sd-for-arrest.pdf: Claim against the City for false Arrest, 1/27/12

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