Treesitters Take the Offense in Court

Treesitters Take the Offense in Court Against Pacific Lumber
Additional Lawsuits Filed Against Timber Company by Activists

Eureka, CA - Following the forced removal of protestors from a grove of Northern California old-growth redwoods last year, a fourth treesitter has filed a lawsuit against Pacific Lumber (PL). Anna Farnam has joined fellow treesitters Lindsey Holm, Kristi Sanchez and Jeny Card, better known as “Remedy,” in alleging she was assaulted, battered, wrongfully imprisoned and had her civil rights violated when three men hired by Pacific Lumber “hog-tied” her before lowering her more than 100 feet to the ground.

The treesitters’ legal action counters a lawsuit filed against them in Superior Court two years ago alleging trespass and conspiracy. Over thirty defendants remain on the case that saw five of them dismissed last year after a judge ruled they had been prejudicially sued based on their political and environmental positions. The five were arrested on a public road near treesits where activists were being forcibly removed. California’s anti-SLAPP (Strategic Lawsuit Against Public Participation) laws prohibit lawsuits that target citizens for expressing their first amendment rights of free speech. This is the fourth lawsuit filed by PL targeting activists who speak out against their illegal and destructive logging practices.

The activists were in court on Monday arguing against a protective order sought by PL in the SLAPP suit, who is asking the court to excuse them from admitting hundreds of logging violations committed since the 1999 Headwaters deal. PL claims the violations are not relevant to the lawsuit, in which they are seeking damages for disruption of a “lawful” business. The court took the arguments under submission and a ruling is expected shortly.

The logging plans where activists were removed from old-growth treesits were approved under the “fatally flawed” Sustained Yield Plan, which was shot down in a lawsuit last year. Last week, Judge John Golden ordered PL and the state of California to pay $6 million to the Environmental Protection Information Center and the United Steelworkers, who brought the suit against them.

The Humboldt County District Attorney is also suing PL, alleging the company submitted fraudulent landslide data to obtain their high annual logging rate. That lawsuit claims “each and every tree that has been harvested since March 1, 1999 by Pacific Lumber … has been unlawfully cut.”
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www.contrast.org/treesit
 
What interest did the United Steelworkers have in the lawsuit?

After following this for a long time I wondered when a counter lawsuit was going to be filed. Without doing any kind of legal research it's been hard for me to imagine that a lawsuit based on violations of civil rights would take so long to initiate.
 
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What interest did the United Steelworkers have in the lawsuit?


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"We believe that both jobs and a sustainable environment can be achieved in Humboldt County, but not if regulators bend over backward to let Maxxam¹s Pacific Lumber Company strip every tree off the hillsides," said Dave Foster of the United Steelworkers of America. See http://www.wildcalifornia.org/pressreleases/number-2

The Steelworkers, IWW and Earth First! once hung a banner that read "HURWITZ CUTS JOBS JUST LIKE HE CUTS TREES", referring to Maxxam CEO Charles Hurwitz. See http://www.jailhurwitz.com/media/kaiser_done/12_media.htm

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Without doing any kind of legal research it's been hard for me to imagine that a lawsuit based on violations of civil rights would take so long to initiate.

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There are ten "Causes of Action" in the lawsuit, the tenth one is DEPRIVATION OF CONSTITUTIONAL RIGHTS UNDER 42 U.S.C.A. 1983. There are a lot of factors in why it took so long - one is that there are not lawyers falling out of the sky ready to take on a pro bono case with over thirty defendants, another is the circumstances under which the rash of treesits extractions happened, which was the week the war started in Iraq. Also it didn't help that the sheriffs department withheld a crucial and damning document that probably would have resulted in the sheriffs getting sued themselves if they had been forthright. Other evidence, like video footage, was slow to be revealed. Filing a lawsuit is a rather giant undertaking, especially when you are suing a filthy rich corporation. Despite all that, it only took a year and a half.
 

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