Judge won’t drop charge against Black Lives Matter activist from protest that blocked Hwy 101
A San Luis Obispo Superior Court judge denied an invitation to dismiss the charge against a Black Lives Matter activist Friday, after the man’s legal team asked for the case to be dropped.
The charge was related to the July 21, 2020, demonstration that blocked Highway 101.
Amman Asfaw’s legal team filed an invitation to dismiss the charge Jan. 13, and the San Luis Obispo County District Attorney’s office filed an opposition to the invitation on Friday prior to the court hearing.
Asfaw is charged with false imprisonment for “unlawfully detain(ing) motorists” during the July protest.
The prosecution alleges he blocked a vehicle from turning onto Monterey Street from California Avenue while going in and out of the crosswalk, but Asfaw alleges he stayed in the crosswalk the entire time and that the vehicle attempted to hit him.
Asfaw is one of seven people, including activist Tianna Arata, charged in relation to the protest.
Asfaw said the District Attorney’s Office is engaging in “invidious discrimination” and singling him out as a Black man while infringing on his First Amendment Rights to free speech and freedom to assemble.
The District Attorney’s Office denies this, and said they charged protesters whom the office could identify — initially eight people out of an estimated 300 person crowd — and that they did not discriminate because they charged a driver with reckless driving and reckless driving causing injury for hitting two BLM demonstrators who were using a crosswalk with their car in September 2020.
Superior Court Judge Roger Piquet denied the invitation without prejudice and Asfaw’s case is expected to move forward to trial.
A new judge is expected to be assigned to the case, according to the court docket. A trial setting conference is scheduled for May 6.