In this case, the ACLU successfully defended Anthony Nocella, whom the City of Durango charged charged with parading without a permit and obstructing the streets during a protest held on the day of Donald Trump's inauguration on January 20, 2017.
Mr. Nocella is a professor at Fort Lewis College in Durango. He is known as an activist and is the faculty advisor of several student groups that have carried out protests. His activism has put him in the public eye in Durango.
On January 20, the Durango protesters marched in the streets, and they did not have a permit. The police did not try to interrupt the protest or direct the protesters where to go. Instead the police stayed with hte protest, blocking off cross streets as necessary to protect protesters form oncoming traffic.
Professor Nocella was not an organizer or participant in the Durango protest, but he did serve as a marshall. In that capacity he served as a liason between the demonstrators and the police.
Police reports and witness accounts reflect that the Durango police knew who Mr. Nocella was from past protests. They worked with him closely throughout the inauguration day event. Police periodically asked Mr. Nocella where the protesters were headed next. As the lead marshal, Mr. Nocella conferred with the organizers of the event and then reported to the police so that the police could block off cross streets to ensure that protesters in the street remained safe.
The police never ordered Mr. Nocella or any protesters to move out of the street. At the end of the event, which remained peaceful, the police thanked Mr. Nocella for his help.
The following week, Mr. Nocella was charged with obstructing traffic and marching without a permit.
Before Mr. Nocella contacted the ACLU, the Durango Municipal Court had set a date for a bench trial and had denied Mr. Nocella's request for a jury trial. In denying Mr. Nocella a jury trial, the municipal court relied on a Durango ordinance that purported to deny the right to a jury in municipal prosecutions when the prosecutor is not seeking jail time upon conviction. That ordinance violates a Colorado statute and the Colorado Constitution, which together guarantee a right to trial by jury in all criminal prosecutions.
ACLU lawyers entered their appearance and filed a motion to reconsider the denial of a jury trial. A few days later, the Durango prosector dismissed all charges against Mr. Nocella.
The ACLU then wrote to the Durango City Attorney. The letter demanded that Durango repeal the ordinance that purported to restrict the right to jury trials. The ordinance was repealed.
Media:
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“Trial set for Fort Lewis College professor,” Durango Herald, March 1, 2017
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“Trial Set For Anthony Nocella, Fort Lewis College,” Save The Kids, March 5, 2017
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“Silencing dissent also happens locally,” Letter to the Editor, Durango Telegraph,
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“Prosecutor drops charges against Fort Lewis College professor who demonstrated,” Durango Herald, April 7, 2017
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“ACLU discovers Durango law in violation of Colorado Constitution,” Durango Herald, July 28, 2017
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"City of Durango repeals limit on jury trials," Durango Herald, June 5, 2018
