SAN JOSE — Responding Tuesday to an order from the presiding judge, Santa Clara County sheriff’s deputies reluctantly arrested a man picketing outside a downtown San Jose courthouse for refusing to move across the street. Scott Largent, who claimed he had a First Amendment right to picket the court on a sidewalk outside the Family Justice Center at First and St. James streets, spent more than five hours in jail in lieu of $6,000 bail after a swarm of bailiffs led him away in handcuffs. Presiding Judge Patricia Lucas instructed the deputies, who work in the courts as bailiffs, to enforce a general court order issued last year that bars “expressive activity” within 25 feet of the intersection of a court walkway and sidewalk. Although Largent did not physically fight with the bailiffs, he was initially booked on a misdemeanor charge of resisting arrest for verbally protesting when they tried to cuff him, according to a video of the arrest taken by fellow protesters. But just as fellow protesters were about to pay a bondsman a non-refundable fee of $420 to get Largent out of jail, Sheriff Laurie Smith ordered that he be cited and released on suspicion of violating the court’s general order. The sheriff dropped the resisting arrest charge. Smith said she has strong reservations about the court order and is asking county attorneys to review it. “Today, I directed the immediate release of an individual who was detained as a result of a court order from the Superior Court forbidding the peaceful assembly and any protests in front of Superior Court facilities,” Smith said in a written statement. “The right to peacefully assemble and protest is a cornerstone of our democratic society that we value and respect and I will do everything within my power and authority to protect our community’s ability to freely express themselves’ without fear of retribution or repercussion.” The court’s lawyer, Lisa Herrick, acknowledged in an email to this news organization that “Judge Lucas directed the Sheriff’s Office to enforce the General Order re Expressive Activity after a demonstrator was given notice of and an opportunity to comply with the General Order.” According to court spokesman Ben Rada, the “person arrested today refused to comply after being given notice that he was violating an order designed to balance the rights of persons wishing to express their views with the rights of persons who seek access to the courthouse.” Rada added that two people trying to get into the courthouse last week were “intimidated and harassed by protesters.” However, there is no evidence that there was physical contact between the protesters and the two people, believed to be family law attorneys whom the protesters have heavily criticized. And there also was no evidence that Largent was among those who may have berated the lawyers as they were walking by. Largent is a vocal critic of the local justice system who spent a month recently outside the same courthouse, likening a local judge via bullhorn to disgraced Hollywood mogul Harvey Weinstein, an alleged serial sexual harasser. Other courts in California have approved similar general orders, including Alameda County. The orders underscore that the courts intend to enforce the prohibitions in a neutral fashion. For instance, Rada confirmed, a politician who recently wanted to hold a press conference outside the Hall of Justice courthouse on Hedding Street was directed 25 feet away. The order apparently also applies to union activity by court workers. Hundreds of court clerks who went on strike in August 2016 for the first time in 14 years picketed for days outside the Hall of Justice, an activity that now would be barred under the court order approved about four months later.
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