Suit Turns D.C. Arrests Into Free Speech Victory

Joe Mayer attended the demonstration downtown that morning in 2002 to protest what was then a brewing conflict in Iraq. He also went to ensure that his daughter Alexis did not get arrested and potentially harm her fledgling career as a lawyer.

What transpired was what the retired Army colonel most feared: He and his daughter were among a mass of protesters arrested, handcuffed and detained for as long as 36 hours, an ordeal that included hours confined on a bus and many more hours on floor mats at the Police Academy before they were released.

"It was frightening, the police charging at you in their riot gear for no apparent reason," said Mayer, 71, recalling yesterday the clash at Pershing Park. "I'm thinking, 'What's going on?' "

Whatever bitterness he and the other demonstrators experienced Sept. 27, 2002, was at least partially salved this week when the District government acknowledged that the arrests were improper and agreed to pay $425,000 to Mayer and six others who filed suit. As part of the settlement, the District is required to adopt policies aimed at preventing police from making improper arrests at demonstrations.

A 20-year military veteran whose career included stints in Korea and Vietnam, Mayer signed on as one of the plaintiffs in the case. The group included his daughter and his son-in-law, Adam Eidinger, an activist who was arrested last week while demonstrating at President Bush's inauguration.

Mayer's antiwar sentiments are well known to his family and friends, including some military buddies at the Pentagon who he said call him "the red colonel." He said he has participated in demonstrations since the 1980s, when he became involved in the nuclear freeze movement.

"When [Ronald] Reagan talked about fighting and winning a nuclear war, it occurred to me that that was insanity," he said.

The seven plaintiffs each will receive about $50,000 after legal expenses plus a personal letter of apology from D.C. Police Chief Charles H. Ramsey. The group consisted of five protesters and two bystanders, including Julie Abbate, 38, now a lawyer in the civil rights division of the U.S. Department of Justice.

Abbate said she went to the park that morning because she was interested in watching the demonstrations. She said she came upon a confusing scene in which "there were no speeches, no bullhorns and no organizing. You wouldn't know it was a demonstration except that everyone was dressed as a protester."

Soon, Abbate said, she found herself in a horde surrounded by the police. She tried to explain to the officers that she was not a participant and wanted to leave. "They wouldn't answer any questions," she said.

Abbate was supposed to fly that afternoon to Michigan for her brother's 16th birthday celebration. Instead, she was arrested, her wrists encased in plastic handcuffs, and placed on a bus with dozens of protesters who were taken to the Police Academy in Southwest Washington.

They remained on the bus for four to five hours before being ushered inside, where she and the others were required to relinquish their personal belongings, including belts and shoelaces.