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In April more than 300 war protesters targeted Lockheed Martin in Sunnyvale showing their opposition to the weapons manufacturer's military ties and involvement in the Iraq war. Those involved in the protest, from local law enforcement authorities to Lockheed Martin to the protesters themselves, considered the day peaceful, mostly because of careful coordination between all the groups. Even so, that day the police arrested 52 protestors for obstructing traffic or failing to disperse and now the protestors may have to pay the price—literally.
While the protestors may face small fines and mandated community service for the misdemeanor charges, Lockheed Martin has also been collaborating with Santa Clara County prosecutors to seek reimbursement for costs incurred during the protest. These costs amount to more than $15,000 and include a claim for additional security hired for the day of the protest.
Local civil rights groups are worried that this case could set a legal precedent that would limit public protest by charging citizens for corporations' security fees.
County prosecutor Sumerle Pfeffer and several defense attorneys representing 52 people who were arrested for protesting in April met at the Sunnyvale courthouse on July 17 for a preliminary hearing. All parties involved have said the meeting was productive and a possible settlement may be on the way.
But protestors have said the reimbursement costs are unnecessary because prior to the demonstration, organizers coordinated with the Sunnyvale Department of Public Safety and Lockheed Martin to prevent any problems.
However, a compromise may be in the works. Many of the defendants have expressed an interest in settling—if the restitution money were to go to a charity like the Iraqi Children's Fund.
The solution works for all parties, said Dan Mayfield, a defense attorney with the National Lawyers Guild who represents 10 of the protestors, "so that [the defendants] don't feel like they're giving money to Lockheed and so Lockheed doesn't feel like the protestors are getting away with what they've done."
However, many of the protestors are still concerned about the restitution because they say the action could stifle public protest of corporations that engage in unscrupulous, illegal or questionable actions.
"U.S. citizens have a right to engage in protest to expose a company's manufacturing of weapons. If Lockheed Martin wants to avoid public outrage, it should stop behaving outrageously, instead of trying to stifle criticism by charging protestors for free speech," said Sitara Kapoor, a social worker who was arrested at the April 22 protest.
Immediately after the April protest, Lockheed Martin's spokesman, Steve Tatum, told the Sunnyvale Sun the impact on the business was negligible. "We notified our employees ahead of time and encouraged them to stagger their arrivals," Tatum said.
The parties will meet again to discuss settlement options at the Sunnyvale courthouse in September.
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Archive photograph by Sean Penello