Bath Judge: Civil Disobedience "A First Amendment Right"
Protesters at BIW Say Community Service is our Lives"
by Mary Donnelly
On September 16, twelve people were arraigned at West Bath District Court charged with criminal trespass for blocking the gate at Bath Iron Works on September 9, 2003 before the christening ceremony of the yard's twenty-third Aegis destroyer, USS Momsen
All pleaded no contest and made it clear to the judge that in conscience they could not pay fines. Judge Field acknowledged that, "What you have done is a critically important part of society. Now more than ever before in my life, there are important issues we need to talk about with each other." Assistant District Attorney Patricia Madore recommended fines of between $150 and $300, but Judge Field said that trying to extract fines from these protesters would be a "fool's errand." The Judge went on to say that he was "not about to lock anybody up for exercising their First Amendment rights."
Then he proceeded to order the twelve to do community service. The defendants adamantly refused, stating that they already perform community service every day. "We would be doing community service as if it were a punishment," said defendant Liz McAllister "It isn't. It's our lives. We can't do it as a punishment for the court." Judge Field countered that "there is a cost to civil disobedience." He proceeded to sentence seven defendants to two days in jail. Four-day sentences were handed down to five of the defendants. The sentences were served at the Kennebec County Jail in Augusta.
Following is the joint statement of the twelve that I read to Judge Field before sentencing:
- We twelve (of thirteen arrestees) came to Bath, ME on August 9, 2003, the anniversary of the bombing of Nagasaki, because we learned that on this tragic and sacred anniversary, BIW was adding yet another weapon of mass destruction to the already vast arsenal of such weapons.
- More, that the event was named a christening; that is, dedicating an Aegis Destroyer to Christ. This is a ship we believe would bring tears to the eyes of the non-violent Jesus.
- We made a non-violent witness against the event by holding a banner at the gate through which people entered to celebrate the latest Aegis Destroyer. As often happens, our non-violent witness exposed some of the latent violence at BIW. How can there not be violence in an industry that builds and celebrates Aegis Destroyers, whose weapons are nuclear capable?
- We came to BIW commissioned by Pope John Paul II who said, "War is a defeat for humanity."
- We came to BIW to engage in an experiment in world citizenship. How can citizens give voice to moral outrage at the crimes of our military?
- We came to BIW feeling the plight of the poor in Maine as well as in all our communities because of military expenditures of $12,000 per second of every day.
- We came to BIW believing that such expenditures only add to the bankrolls of the wealthy while impoverishing others and the earth.
- We came to BIW knowing that such weapons could never be part of God's plan for the human community.
- We came to court today to take full responsibility for our witness. We need you to know, Judge Field, that most, if not all of us, live simply in communities that seek to serve those made poor in this country. We try to walk gently on the earth. We have no incomes or property we call our own. Therefore, we cannot pay fines, even if our consciences would allow us to pay.
- We suggest you take the community services we do as restitution for our acts or send us all to jail. We hope, Judge, that you will listen and hear our witness and perhaps, the next time, join us.
Back to Peace Talk Index, Winter, 2003 - 2004