Stockton settles Ringling lawsuit (Cuviello/Bolbol); activists to receive $445,000

[Guest guest]

This is great news. The case was Cuviello, et al v. City of Stockton, et al

filed on August 9, 2007 in US District Court for the Eastern District of

California. The case was settled out of court in March; the news of it was

embargoed until recently. A little over $300,000 will go to Deniz Bolbol's

lawyers. Pat (Joseph Patrick Cuviello) represented himself.

 

This case is not to be confused with American Society for the Prevention of

Cruelty to Animals, et al. v. Feld Entertainment, Inc. filed in United States

District Court for the District of Columbia on 9/26/2003. That case also

involves elephants of Ringling Bros. and Barnum & Bailey Circus, and is awaiting

a ruling any day now (http://www.saplonline.org/wildlife/elephants/rbsuit.htm).

 

The statement (below) that " Bolbol and Cuviello prevailed in a similar dispute

in San Jose " refers to Bolbol et al v. Ringling Brothers and Barnum and Bailey

Circus et al (also referred to as Cuviello et al v. HP Pavilion Management et

al) filed on 1/8/2004 in US District Court for the Northern District of

California (http://www.metroactive.com/papers/metro/03.29.06/circus-0613.html).

 

-- Mike

 

[X]

Pat Cuviello [pcuvie]

Saturday, July 11, 2009 12:32 PM

Sage, Mike

Stockton Article on Our Settlement

 

 

Hi Mike

 

You can now freely report on our Stockton settlement.

 

Ciao Pat

 

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News

STOCKTON

City settles access lawsuit

Arena manager also to pay animal rights group over protests at circus

 

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20090711/A_NEWS/907110329

 

By Christian Burkin<cburkin

July 11, 2009

Record Staff Writer

 

STOCKTON - The city and the company that manages Stockton Arena have settled a

lawsuit brought against them by a Bay Area activist group that claimed police

prevented them from lawfully protesting the treatment of elephants at a

traveling circus.

Under the terms of the settlement, the city must pay $235,000 to Citizens for

Cruelty-Free Entertainment, while International Facilities Group, which manages

the arena, must pay $210,000. The city also must guarantee the animal rights

group full access to the arena's parking areas and public walkways, and to all

public streets, for two years.

" It's a victory, " the group's Deniz Bolbol said. " Not only for us but also for

the First Amendment. "

Members of Citizens for Cruelty-Free Entertainment followed Ringling Bros. and

Barnum & Bailey Circus to Stockton in 2006 when the circus performed at Stockton

Arena. They passed out fliers and attempted to record the treatment of elephants

by circus staff.

In a complaint filed in U.S. District Court, attorneys for the group said the

activists were denied access to public property - parking areas and walkways

around the arena - and were told they would be arrested if they persisted.

Before the circus returned to Stockton in September, a federal judge ordered the

city to allow demonstrators access to those areas. But again, the group claimed,

they were denied access and threatened with arrest, and in one case, a member

was grabbed by a police officer.

Joseph Cuviello of Citizens for Cruelty-Free Entertainment said that continued

until Stockton police Capt. Robert Paoletti arrived and ordered they be granted

access.

" Captain Paoletti was the one who was really out there enforcing our rights, " he

said.

In January, the city was held in contempt of court for violating the injunction.

Senior U.S. District Judge Lawrence K. Karlton wrote that " although Captain

Paoletti appeared to act in a manner consistent with his duty, " the officers

underneath him had not.

Bolbol and Cuviello prevailed in a similar dispute in San Jose.

" It happens throughout the country, " Bolbol said. " Until the cities start to

realize there's a penalty, they won't stop. "

Asked whether the lawsuit's outcome would cause the city to re-evaluate its

policies generally, Assistant City Attorney Shelley Green said: " We're always

trying to make sure we make the right decisions. "

She added, " We don't want to violate the First Amendment. We look at each

situation to make sure we aren't violating First Amendment rights. "

Contact reporter Christian Burkin at (209) 546-8279 or

cburkin<cburkin.