100°F
weather icon Windy

Motion filed to dismiss protester’s obstruction charge

Counsel for a Boulder City resident charged by the city for interfering in a police-sanctioned crosswalk enforcement event has filed a motion to dismiss one of the charges on First Amendment grounds.

On Tuesday, attorney Stephen Stubbs filed a motion to dismiss the obstruction charge against his client, John Hunt, because the allegation of criminal activity “attempts to criminalize the simple act of ‘walking back and forth in a crosswalk being used for the enforcement activity.’”

Boulder City Police Sgt. John Glenn arrested Hunt on June 8, 2016, on several charges after he repeatedly walked back and forth in a marked crosswalk to protest a police-sanctioned pedestrian enforcement detail. Those charges included obstructing traffic and resisting arrest.

The city originally dropped the charges against Hunt in late June 2016 but refiled them June 5, 2017.

In his motion, Stubbs said that Hunt’s crosswalk protest was symbolic speech protected by the First Amendment and per state law “the obstruction charge cannot apply because the First Amendment applies.”

The motion also includes Hunt’s statement about the event in which he said he was not happy with his government’s actions and decided to exercise his First Amendment right to protest by legally crossing the street in a manner that gave proper notice to drivers.

Additionally, Hunt said only one car was making an attempt to pass him while he was in the crosswalk, and he paused to let the vehicle by.

“As soon as Sgt. Glenn showed interest in talking to me, I immediately stopped crossing the street, stood still on the sidewalk, and waited patiently for him to approach,” he said in his statement. “Instead of approaching and having a conversation with me, John Glenn grabbed me.”

The motion also includes depositions from two Nevada Highway Patrol officers.

Nevada Highway Patrol Trooper Marcia Pitchford said Hunt was in the crosswalk legally and thought Hunt was one of the operation’s decoys. She also said she pulled over a motorist that did not legally yield to him in the crosswalk.

Nevada Highway Patrol Sergeant Raymond Hubbs said Hunt was not violating the law when he stepped into the crosswalk and it “would not be probable cause for an arrest.”

Currently, a hearing to address this motion is scheduled for 3:30 p.m. Tuesday, Feb. 27, in Boulder City Municipal Court.

Contact reporter Celia Shortt Goodyear at cgoodyear@bouldercityreview.com or at 702-586-9401. Follow her on Twitter @csgoodyear.

MOST READ
THE LATEST
Parallel parking approved

Like so many other things in the world of Boulder City government, the issue of reconfiguring parking in the historic downtown area along Nevada Way, which generated enough heat to cause council members to delay a decision up until the last possible moment, ended with more of a whimper than a bang.

Ways to reduce summer power bills

Now that the thermometer is on the rise outdoors, the cost to cool homes and businesses on the inside is doing the same.

Education news in BC largely positive

In her quarterly report to the city council, Clark County School District Regional Superintendent Deanna Jaskolski was full of positive takes on public schools in Boulder City.

‘It’s in those small moments when you see hope rising’

As Dr. Christina Vela scrolled through her phone, showing photos of girls taking part in various fun activities, for a moment she sounded more like a proud aunt instead of the CEO of St. Jude’s Ranch for Children, and now, its Healing Center.

Jarvis recognized by city council

Salome Jarvis was involved in planning activities for seniors in long-term care before she started doing that in Boulder City. In fact, she helped create the Southern Nevada Activity Professional Association (SNAPA) in the late 1980s.

Park rangers rescue missing hiker, dog at LMNRA

Last week, a 48-year-old male hiker and his dog were rescued by National Park Service rangers at Lake Mead National Recreation Area after a coordinated, multi-agency search.

Fire chief search down to 3

Now that Ned Thomas has had time to unpack a few things in his office and attend a couple of meetings as the new city manager, there’s been a list of things to tackle waiting for him in his new role.

City adopts fiscal year ‘26 budget

It is hands down the most consequential action taken by the city council each year and yet it often happens without much in the way of public comment.

Council reverses planning commission split decision

A permit for building a single home on a lot that has sat empty (though graded and utilities run and ready for development) for some 40 years would not usually be fodder for a news story.