Safety first
Calling his action a threat to public safety, a judge finds Rose Parade protester guilty of, er, protesting
By Joe Piasecki 05/07/2008
The filmmaker and activist who was arrested and detained nearly nine hours by Pasadena police on New Year’s Day for an act of protest against a controversial Rose Parade float was found guilty Tuesday of violating a city ordinance outlawing the disruption of public events.
Andrew Koenig — best known for his childhood role as Richard “Boner” Stabone on TV’s “Growing Pains” and as the son of Walter Koenig, “Star Trek’s” Lt. Pavel Checkov — will be sentenced Friday in Pasadena Superior Court, where he faces a fine of up to $100.
But ask his attorney, former Pasadena Mayor Bill Paparian — who helped write the public events ordinance in 1992, ironically — and he’ll say the time that 39-year-old Koenig spent in a Pasadena jail cell hours after the parade had ended was already too severe a punishment.
According to Judge Suzette Clover’s written decision, her courtroom was not the appropriate place for discussing Paparian’s arguments that Koenig was exercising constitutionally protected free speech rights by briefly walking in front of a controversial China-themed float to condemn that nation’s role in oppressing the people of Burma.
“The issue presented here is whether Mr. Koenig’s conduct jeopardized public safety,” wrote Clover. “The court finds that Mr. Koenig’s conduct was disruptive and dangerous. … He easily could have been injured himself and/or caused the outwalkers, float riders and operators, the following horses and their riders, spectators, and others to be injured.”
Paparian argued during trial last month that the ordinance designed largely to prevent the throwing of tortillas and spraying of Silly String during the Rose and Doo Dah parades wasn’t meant to prohibit free speech. Using a recording of the parade provided by KTLA Channel 5, he argued Koenig’s motions near the float did not disrupt or threaten to halt the parade.
Celebrating the globally controversial upcoming Olympics in Beijing, the float attracted numerous demonstrations throughout the city leading up to the Rose Parade. Paparian, who participated in anti-float rallies, said the city’s rejection of calls for a pre-parade march to counter the float hampered free expression to the point of inviting political action such as Koenig’s.
Koenig and Paparian said Tuesday that they were uncertain whether they will appeal the case or file a civil lawsuit against the city.
For more on this story, visit www.pasadenaweekly.com.
DIGG | del.icio.us | REDDIT