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| Ohio lawyer may spend five days in jail for wearing a Black Lives Matter pin | Ohio lawyer may spend five days in jail for wearing a Black Lives Matter pin |
| (30 days later) | |
| A northern Ohio attorney could serve five days in jail, pending an appeal, after a municipal judge held her in contempt of court for wearing a Black Lives Matter pin. | A northern Ohio attorney could serve five days in jail, pending an appeal, after a municipal judge held her in contempt of court for wearing a Black Lives Matter pin. |
| While representing a client in court on Friday, attorney Andrea Burton was cited by Youngstown municipal court judge Robert Milich for wearing a pin that, she said, was covered by the US constitution’s first amendment. | While representing a client in court on Friday, attorney Andrea Burton was cited by Youngstown municipal court judge Robert Milich for wearing a pin that, she said, was covered by the US constitution’s first amendment. |
| “He indicated to me that he didn’t know whether I was trying to seek attention from the news, or whatever the case, but that legally, I wasn’t allowed to wear it,” Burton, 30, told a local NBC affiliate. “And I deferred, and said that I’m respecting my first amendment right, that I’m not neutral in injustice, and to remain neutral becomes an accomplice to oppression.” | “He indicated to me that he didn’t know whether I was trying to seek attention from the news, or whatever the case, but that legally, I wasn’t allowed to wear it,” Burton, 30, told a local NBC affiliate. “And I deferred, and said that I’m respecting my first amendment right, that I’m not neutral in injustice, and to remain neutral becomes an accomplice to oppression.” |
| Milich held Burton in direct contempt of court, records show, but stayed the ruling on the condition that the attorney doesn’t wear a Black Lives Matter badge or pin in the Youngtown municipal courthouse. The order was stayed while Burton appealed the decision to a higher court, according to reports. | Milich held Burton in direct contempt of court, records show, but stayed the ruling on the condition that the attorney doesn’t wear a Black Lives Matter badge or pin in the Youngtown municipal courthouse. The order was stayed while Burton appealed the decision to a higher court, according to reports. |
| “It’s an act of civil disobedience, I understand that,” Burton told WFMJ, the NBC station. “I’m not anti-police, I work with law enforcement every day, and I hold them in the highest regard.” | “It’s an act of civil disobedience, I understand that,” Burton told WFMJ, the NBC station. “I’m not anti-police, I work with law enforcement every day, and I hold them in the highest regard.” |
| “And just to say for the record,” she continued, “I do believe all lives matter, but at this point they don’t matter equally, and that’s a problem in the justice system.” | “And just to say for the record,” she continued, “I do believe all lives matter, but at this point they don’t matter equally, and that’s a problem in the justice system.” |
| George Freeman Jr, the president of the NAACP’s Youngstown branch, said his staff is monitoring the case “very closely” as Burton’s civil rights may have been violated. | George Freeman Jr, the president of the NAACP’s Youngstown branch, said his staff is monitoring the case “very closely” as Burton’s civil rights may have been violated. |
| “Unless she violated the law – there does not seem to be a valid reason for her to be JAILED because she was wearing a [pin] WITH Black Lives Matter,” Freeman said in a statement. | “Unless she violated the law – there does not seem to be a valid reason for her to be JAILED because she was wearing a [pin] WITH Black Lives Matter,” Freeman said in a statement. |
| Freeman questioned whether Burton would have been asked by the judge to remove an item touting a different cause, like a “support veterans” pin. | Freeman questioned whether Burton would have been asked by the judge to remove an item touting a different cause, like a “support veterans” pin. |
| “We will do all that the NAACP Youngstown can do to ensure that attorney Burton’s constitutional rights are not being violated,” he said. | “We will do all that the NAACP Youngstown can do to ensure that attorney Burton’s constitutional rights are not being violated,” he said. |
| Martin Belsky, law professor at the University of Akron, said case law provides judges with wide discretion to decide whether a pin would be considered “potentially disruptive” to a courtroom. | Martin Belsky, law professor at the University of Akron, said case law provides judges with wide discretion to decide whether a pin would be considered “potentially disruptive” to a courtroom. |
| “The issue is whether or not the wearing a pin with Black Lives Matter is potentially disruptive,” he told the Guardian. “The judge feels it’s potentially disruptive – and that’s a discretionary call – and he has a right to tell someone to remove a pin, or to change their shirt, or to wear different clothing.” | “The issue is whether or not the wearing a pin with Black Lives Matter is potentially disruptive,” he told the Guardian. “The judge feels it’s potentially disruptive – and that’s a discretionary call – and he has a right to tell someone to remove a pin, or to change their shirt, or to wear different clothing.” |
| “If a lawyer or another person decides to appeal that, the appellate court would decide whether or not the judge abused his or her discretion,” Belsky continued. “And … they would take a look at all the factual circumstances – what’s the community like, what kind of case it is, where it is – and the question is whether or not it was a potential for disruption – not disruption, but a potential for disruption.” | “If a lawyer or another person decides to appeal that, the appellate court would decide whether or not the judge abused his or her discretion,” Belsky continued. “And … they would take a look at all the factual circumstances – what’s the community like, what kind of case it is, where it is – and the question is whether or not it was a potential for disruption – not disruption, but a potential for disruption.” |
| In his order, Milich cited the 1997 US supreme court case, Berner v Delahanty, which allowed for judges to ban political buttons in a courtroom. | In his order, Milich cited the 1997 US supreme court case, Berner v Delahanty, which allowed for judges to ban political buttons in a courtroom. |
| The court let a decision stand that said, though attorneys are free to hold political sentiments, they “have no absolute right to wear such feelings on their sleeves (or lapels, for that matter). [The] policy of prohibiting all political pins is a reasonable means of ensuring the appearance of fairness and impartiality in the courtroom”. | The court let a decision stand that said, though attorneys are free to hold political sentiments, they “have no absolute right to wear such feelings on their sleeves (or lapels, for that matter). [The] policy of prohibiting all political pins is a reasonable means of ensuring the appearance of fairness and impartiality in the courtroom”. |
| Neither Burton nor Milich responded to requests for comment on Tuesday. | Neither Burton nor Milich responded to requests for comment on Tuesday. |