A spat between war protesters and U.S. Rep. Mark Udall has turned nasty with prosecutors insisting on jail time for a woman who “occupied” Udall’s Colorado office in March.
Protesters returned to Udall’s office Monday in support of Rocky Mountain Peace and Justice Center activist Carolyn Bninski, 57, who faces up to two months in jail for trespassing and unlawful assembly under terms of a plea agreement. She and four other protesters were arrested March 8 after they refused to leave Udall’s office in Westminster.
The others got $100 fines or community service, but because Bninski had been arrested several times before for civil disobedience, city prosecutors are seeking jail time, said Bninski’s attorney, David Harrison.
“I don’t think I could live with myself if I didn’t speak out against this war,” Bninski said Monday after her supporters rallied again.
City prosecutor Jarod Balson said he spoke with congressional lawyers in deciding how to handle this case. Balson said “illegal acts of protest – as opposed to legal protests” – are a factor in seeking jail time.
“I understand some people aren’t going to like it,” he said.
The Colorado Constitution says people have the right to assemble peaceably for the common good and “to apply to those invested with the powers of government for the redress of grievances by petition or remonstrance.”
But in this case, the protesters entered Udall’s office and refused to leave, sitting on the floor and reading off the names of war dead to protest Udall’s votes authorizing continuing war funding. Udall voted against authorization for the war itself in 2002.
Bninski has subpoenaed Udall to testify should her case go to trial. Udall staffers declined to comment on whether he’ll show, saying any appearance would be up to congressional lawyers.
Udall’s chief of staff, Alan Salazar, said he met repeatedly with Rocky Mountain Peace and Justice activists about the war in Iraq, the invasion of Afghanistan, and more.
“Following a three-week-long occupation of our district office in March, I also met with them for a two-hour meeting in which I listened to their views on Iraq,” Salazar said. “No one has a deeper respect for the right of free speech and civil dissent than my boss. He doesn’t agree with this group’s views on the best way to end the Iraq war, but he will always stand up for the rights of people to speak out.”
Staff Writer Bruce Finley can be reached at 303-954-1700 or bfinley@denverpost.com.
