Pubdate: Fri, 12 May 2006
Source: Rocky Mountain News (Denver, CO)
Copyright: 2006, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Author: Bill Scanlon, Rocky Mountain News
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

STUDENTS: POSTING PHOTOS VIOLATED RIGHTS

Women Plan To Sue CU After Police Put Rally Pictures On Web

BOULDER - The University of Colorado's use of an  electronic dragnet 
to collar participants in a  pro-marijuana rally could be tested in court.

Three of the students whose photographs taken at the  rally were 
posted online along with the offer of a  reward for identifying them 
to CU police plan to sue  the university in federal court for 
violating their  civil rights, their attorneys said Wednesday.

"It's not OK to brand them as criminals, to put a $50  price on their 
head, to treat them like Jesse James and  Jill James," attorney Perry 
Sanders said at a news  conference at CU's Farrand Field, site of the 
annual  "4/20" pro-marijuana rally.

Sanders is representing sophomores Makenna Salaverry,  Megan Malone 
and Somerset Tullius.

He said the three told him they were at the rally, but  not smoking 
marijuana. When asked if they knew that CU  had posted no-trespassing 
signs on the field that day,  he declined to answer, saying, "That's 
attorney client  privilege."

For several years CU students have gathered on campus  each April 20, 
to smoke marijuana and rally for changes  in marijuana law.

"Anybody can sue for anything, and apparently this is a  classic 
example of that. This case is so crazy that  even I, who am not a 
lawyer, could win this one," said  CU spokesman Barrie Hartman.

Sanders said CU and its police department went too far  when it took 
photos of 150 participants, posted a link  to them on the popular 
college Web site facebook.com,  and offered $50 rewards for 
identifying the students.

Hartman said CU posted no-trespassing signs, took  photos and offered 
rewards because "we were looking for  a responsible and restrained 
way to deter students from  participating in an illegal event."

The signs also warned that the field was under  surveillance and 
there were uniformed officers taking  photos, some of which rally 
participants posed for,  Hartman said.

Smoking pot is considered a petty offense, punishable  by a fine up 
to $100. However, attendees also could  face other charges such as trespassing.

CU has tried various measures to discourage the  gathering, including 
turning on the field's sprinkler  system. This year, it announced the 
field would be  closed from noon to 5 pm. Some 3,000 people, mostly 
students, showed up anyway.

But Sanders said CU should have dropped the whole  thing, or made 
sure they were only pursuing those they  knew were smoking marijuana.

To actively pursue trespassing charges against  thousands of students 
who simply were on the field, is  tantamount to harassment, he said.

"They knew there were innocent people being  photographed," he said.

The university's actions damaged some students'  reputations, said 
Sanders, who noted Tullius begins an  internship at the Vatican next week.
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MAP posted-by: Beth Wehrman