Tianna Arata’s attorneys say they will challenge her charges on First Amendment grounds
Black Lives Matter protest leader Tianna Arata again entered no plea Thursday morning during her second court appearance via Zoom conference, but her attorneys said they will be challenging the charges against her on First Amendment grounds.
Arata, 20, and another protester were arrested in a controversial move by the San Luis Obispo Police Department immediately after a July 21 protest had dispersed. Arata and other local organizers had led a march down a section of Highway 101 that blocked traffic for about an hour.
She was charged by the county District Attorney’s Office with 13 misdemeanor counts, including five counts of false imprisonment, six counts of obstruction of a thoroughfare, one count of unlawful assembly, and one count of disturbing the peace by loud noise.
The Police Department had recommended five felonies and three misdemeanors.
Arata has been out of custody since shortly after her arrest after being released on state mandated zero bail due to the COVID-19 pandemic.
Since then, Arata has emerged as one of the leaders of numerous protests over the past four months demanding racial and social justice.
At Thursday’s hearing before Superior Court Judge Matthew Guerrero, Arata’s attorneys, Patrick Fisher and Curtis Briggs, asked to continue the arraignment in order to file a demurrer to the prosecution’s complaint, which Fisher told The Tribune is expected to be filed Thursday morning.
Fisher explained that a demurrer is a motion filed in court that states that the complaint or the charges filed against a defendant are barred by law, or that there’s some other deficiency in the charges.
The Tribune has not yet obtained that motion, but Fisher said the defense team is challenging the charges against Arata on First Amendment grounds.
Deputy District Attorney Delaney Henretty did not object and said his office will be filing a response to the motion prior to the next court hearing scheduled for Oct. 22.
Arata only spoke during the hearing to tell Guerrero she agrees with the continuation of the arraignment.
Unlike her first court appearance, no protesters gathered at the San Luis Obispo Superior Courthouse Thursday morning.
This is a developing story and will be updated as more information becomes available.
This story was originally published September 17, 2020 at 9:57 AM.
