Skip to main content

View Diary: How Shell is trying to send a chill through activist groups across the country (175 comments)

Comment Preferences

  •  Well, they have a stay away order and (4+ / 0-)

    if they get to close they can be arrested, no?

    From the ruling

    The panel affirmed the district court’s preliminary
    injunction, which prohibited Greenpeace USA from coming
    within a specified distance of vessels
    Unless I'm misreading it that means that they are barred from getting too close to the vessel and face arrest if they do. So it's more than barring them from various illegal acts, it makes it an arrestable offence to get close to the ship, that's the equivalent of making it illegal for a specific group to come near a place they want to protest. So similar reasoning could be used to preempt planned civil disobedience. This has already in the courts in the case of civil disobedience against Keystone XL. I won't be surprised if this ruling, if it stands, is used as precedent in that case.

    If debt were a moral issue then, lacking morals, corporations could never be in debt.

    by AoT on Tue Jun 18, 2013 at 11:01:40 AM PDT

    [ Parent ]

    •  Ok, I understand what you mean. They can be (4+ / 0-)
      Recommended by:
      AoT, VClib, burlydee, samddobermann

      arrested for violating the injunction, even if they haven't actually boarded the ship yet or whatever.  

    •  No one gets arrested for violating an injunction (2+ / 0-)
      Recommended by:
      samddobermann, CalGal47

      It's a civil, not a criminal matter.

      If Shell thinks GP USA is in violation of the order, it's got to go back to Court on a Motion to Show Cause, which gives GP the opportunity to come in and explain why they're not in violation.  The judge then rules on the motion; if Shell "wins," then GP would be held in contempt.  Contempt could include incarceration, but that's incredibly rare.  And it would happen in the courtroom; no one is ever going to go out and arrest protesters on the scene using an injunction as the authority to so do.  That's not reality.

      Note also that GP, which is a corporate entity, is the party that's enjoined.  What the Shell lawyers will do if they're smart is find the actual individuals who they think are likely to engage in the enjoined activities and give them actual notice of the injunction.  They need to do this to bind those folks -- the direct action protesters -- to the terms of the injunction.  They'll pass that Court order out like candy at Halloween, and you can bet that the Order is posted all over their docks and other facilities where they're operating that drilling project from.

      The reason you're seeing this tactic here and in the KXL operation is because it's incredibly effective.  Getting some protester cited for trespass is a pain in the neck and has proven ineffective.  There are plenty of folks willing to get and fight tickets and misdemeanor offenses.  But getting cross-wise with a Federal judge is serious business.  Breakign a law is one thing; ignoring a Court order is a whole 'nother kettle of fish.  

      "There is nothing impossible to him who will try." -Alexander the Great

      by The Octopus on Tue Jun 18, 2013 at 12:13:22 PM PDT

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site