SLO County sheriff posts video of jail confrontation between ICE and protesters

The San Luis Obispo County Sheriff’s Office posted a video on Wednesday night of protesters shouting obscenities at ICE agents in the jail lobby — but some witnesses said the video doesn’t tell the whole story of the confrontation.

In the Instagram post, the Sheriff’s Office warned that protesters who interfere with jail business would be asked to leave the lobby, and if they refuse, they could be arrested.

“This video is being shared to remind the public that this type of behavior is unacceptable and unlawful,” the post said.

But the protesters said the First Amendment protects their right to protest ICE — even in the lobby of the County Jail.

“We were all in there, in a public space — the lobby— exercising our First Amendment rights to freedom of speech and freedom of assembly,” protester Jesse Hudson said.

The Tribune looked into the confrontation as part of its Reality Check series.

Does the video tell the whole story?

On Wednesday night, the Sheriff’s Office posted two videos on Instagram taken at the jail by ICE agents.

The first video shows protesters flipping off the camera and saying “f--k you,” among other statements. The second video shows the protesters chanting “ICE out of SLO,” while flipping off the ICE agent taking the video.

At the peak of the confrontation, about 20 protesters were in the lobby, witnesses said.

ICE gave the Sheriff’s Office the videos when deputies reached out to investigate the incident, according to Sheriff’s Office spokesperson Tony Cipolla.

But protesters said the video missed important context from the events of the day.

On Sunday, four ICE agents entered the jail parking lot at about 9:15 a.m. while the nonprofit Indivisible held a protest against ICE at the corner of Highway 1 and Kansas Avenue.

At about 9:30 a.m., protesters filed into the jail lobby and watched the ICE agents take a man into custody without presenting a warrant, three witnesses told The Tribune.

The ICE agents wore masks and sunglasses that covered their faces, and vests that said “police” on the front and “U.S. Immigration and Customs Enforcement” on the back.

When the ICE agents returned to the lobby, tension escalated — as the ICE agents and protesters argued with each other, witnesses said.

Two protesters, Sue M. and CJ, stood near the jail release door holding signs that said, “ICE está en la carcel,” which means, “ICE is in the jail.” The pair said they planned to flash their signs at the inmate before he entered the lobby as a warning.

Sue and CJ declined to share their last names for fear of retaliation.

The ICE agents told the women to move out of the way when the jail release doors opened. When the door “clicked,” two officers grabbed Sue’s arms and another pushed her on the back before she could walk away, she said.

Then, one officer pushed CJ as she walked away from the door.

Later, two ICE agents entered a secure portion of the jail to try to arrest another inmate. Jail staff intervened, escorting the inmate back inside the jail, where the ICE agents could not detain him.

Sue said the protesters were less dangerous than the ICE agents, who arrived with guns and tasers, pushed two protesters then rushed into an unauthorized area of the jail.

“We were lobbing F-bombs at people who have guns,” she said. “We brought F-bombs to a gun fight.”

Sue said the protesters directed their profanity at the ICE agents — not jail staff, who were in a separate room behind bullet-proof glass.

CJ also defended her decision to flip off the ICE agents in the lobby.

“I do really think what they’re doing is wrong,” CJ said. “I really feel like they are kidnapping people and ripping apart families.”

“They can’t scare us away from protecting our community,” she added. “So I guess that’s why I flipped them off — to let them know I’m here, I’m not afraid of them, and I’ll keep fighting for my community.”

CJ said she was shocked that the Sheriff’s Office posted ICE’s video — when none of the protesters’ comments were directed at sheriff’s deputies.

Meanwhile, CJ said the protesters did not interact with jail staff. When three sheriff’s deputies and a nurse briefly entered the jail lobby, CJ asked them for help, because she and Sue were pushed by the ICE agents, but they ignored her.

“When you haven’t done anything to police officers, it’s shocking that they would so intentionally target you,” CJ said.

She also was surprised that the Sheriff’s Office chose to post the video instead of speak to the protesters at the scene directly.

“I keep hearing that the police and sheriffs want everyone to know that they’re trusted community members, but trusted community members don’t dox members of their own community,” she said. “It just makes no sense that the law enforcement that’s supposed to protect our community is putting our community on display for ridicule like that.”

Is it legal to protest in the jail lobby?

The Sheriff’s Office cited California Penal Code 602.1, which prohibits people from disrupting lawful business conducted in an establishment open to the public “by obstructing or intimidating those attempting to carry on business, or their customers.”

The individual causing the disruption could be arrested if they refuse to leave the area upon request by the business owner, their representative or law enforcement, the law said.

Cipolla said the protesters prevented jail staff from carrying out their business on Sunday by “yelling, screaming obscenities and blocking access.”

Jail staff never asked the protesters to leave the lobby, he said.

He said the lobby is considered a public facility that is intended to be used for jail operations.

“For First Amendment purposes, it is not a traditional public forum like a park or a sidewalk,” Cipolla said in a statement.

Penal Code 602.1 does not apply to people “engaging in activities protected by the California Constitution or the United States Constitution,” the law says.

The protesters told The Tribune they were exercising their First Amendment right to free speech and public assembly on Sunday — which they believe should exempt them from the penal code.

“I wanted to protest ICE at the jail because they are kidnapping people out of this community. I want to take a stand against that,” Hudson said. “We were using profanity because we are pissed off about what’s happening in our country.”

Cipolla, however, said the First Amendment doesn’t protect disruptive protests in the jail lobby, and San Luis Obispo County Counsel Jon Ansolabehere agreed.

“The sheriff’s lobby is not a traditional ‘public forum’ for speech, and the sheriff may impose reasonable restrictions on protesting in that space to ensure continued operations,” he said in an email to The Tribune. “Protesters that intentionally interfere with sheriff department business and refuse to leave the premises or stop the interfering conduct when requested are not protected by the First Amendment and are in violation of Penal Code 602.1.”