The Rutherford Institute’s lawsuit against the City came in response to pre-emptive “state of emergency” lockdown measures adopted in August 2018 in anticipation of the one-year anniversary of the August 12, 2017, racially-charged protests and counter-protests in the City. Under an emergency declaration by Governor Northam, local, state and federal law enforcement agencies locked down portions of the small college town, deployed 700 police officers—many in riot gear—to patrol portions of the downtown area, restricted the free movement of persons on public streets, and imposed a broad ban on innocuous items such as metal food and beverage containers, aerosol sprays, glass bottles, skateboards, masks and hoods at a cost of several million dollars.
John Miska, a disabled war veteran, visited the Downtown Mall on Sat., Aug. 11, 2018, to shop for household items and eat lunch. Using a walker because of his disability, Miska was allowed to pass through the security area with his firearms, which were vetted by a police officer. Prior to lunch, Miska visited a CVS Pharmacy, where he purchased two cases of canned Arizona Iced Tea, a package of razor blades, and bug spray. Upon exiting the store, Miska was swarmed by a dozen police who then handcuffed, arrested and charged him with possessing canned drinks, an aerosol spray and razor blades, all of which were prohibited under the City Code. Although the “prohibited” items were seized by police, Miska was allowed to keep his firearms. Rutherford Institute attorneys filed suit against the Charlottesville officials in February 2019. Affiliate attorney Elliott M. Harding assisted The Rutherford Institute with the civil rights lawsuit.
The Rutherford Institute, a nonprofit civil liberties organization, defends individuals whose constitutional rights have been violated and educates the public about threats to their freedoms.
This press release is also available at www.rutherford.org.
Source: https://bit.ly/2mUlaVL
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