Pro-Palestinian protester charged with Mob Action seeks to dismiss charges

Pro-Palestine encampment
Pro-Palestinian protesters gathered near Foellinger Auditorium on the University of Illinois Urbana Champaign campus in April, linked arms in a circle and set up about a dozen tents in the middle.


URBANA
– Charges are moving forward against protesters involved in a pro-Palestinian demonstration in April on the University of Illinois campus.  

At least four people are facing charges from the Champaign County state’s attorney’s office. The charges range from Obstructing a Peace Officer to Mob Action.  Yafa Issa, 18 is being charged with the latter. 

Issa’s lawyer, Evan Bruno, has filed to have the charges dismissed, with a hearing scheduled for next month. He argued that the charges are unjust, saying they violate the right to free speech.

“When a criminal charge targets at the heart of that right–the right to be with others and to do First Amendment things–that violates the Constitution,” he said. 

He also said some of the actions that fueled the charges naturally occur during protests and are protected under the First Amendment. 

During the protest, demonstrators locked arms and surrounded their encampment on the Quad to prevent law enforcement from dismantling their tents.

In a statement, Champaign County State’s Attorney Julia Rietz defended the charges, saying the protesters exceeded the boundaries of lawful first amendment activity. 

“If the government is attempting to enforce reasonable time, place or manner restrictions, such as a regulation against erecting structures on public property…and the government is met with physical resistance…Obstructing a Peace Officer or Mob Action can be an appropriate criminal consequence to that individual’s actions,” she explained

According to Rietz, one individual who was charged has pleaded guilty to obstructing a peace officer. They were sentenced to 100 hours of community service and 12 months of conditional discharge, a type of non-reporting probation that could lead to the individual avoiding jail time.

The state’s attorney said another person is expected to plead guilty on December 20.

Bruno argued the charges brought in this case could set a harmful precedent, discouraging future demonstrators from exercising their constitutional rights.

“If these mob action charges are allowed to proceed…and this issue isn’t litigated, then that’s one more encroachment into the First Amendment that the government has made,” he added.

“And mark my words: at some point in the future, if there’s another protest and passions get high, this tool will remain in the tool bag to charge people with mob action.”

A university spokesperson did not respond to a request for comment. 

Anulika Ochuba