PORT TOWNSEND — A man who describes himself as a free speech advocate was ordered Wednesday to serve 90 days in jail and pay $750 for violating the city’s sign code in a case expected to be appealed to Jefferson County Superior Court.
Richard Erik Olson, 70, who also goes under the name Arhata Osho, was found guilty Dec. 4 of three counts of violating the city sidewalk code enacted in March with his display at Pope Marine Park.
County District Court Judge Jill Landes bundled the three counts into one and sentenced Olson to 90 days in jail.
She also ordered him to pay $600 in public defender reimbursement and $150 in additional fees to cover the cost of his trial.
Deferred for one year
Both the jail sentence and the payment were deferred for one year to provide the opportunity for an appeal, under the condition that Olson not become involved in any unlawful behavior.
Olson had faced up to 90 days in jail, a $1,000 fine or both on each count.
The payment amount was considerably less than what was requested by Johanna Vanderlee, city prosecutor, who sought payment for three counts of violating the code, tripling the $750 amount, plus $200 in reimbursement costs for police witnesses.
Landes denied that request.
When Landes deferred the sentence, she said to Olson’s attorney, Bret Roberts: “I know what you are doing here.”
Roberts has said Olson’s Dec. 4 conviction of three counts of violation of the city sidewalk area rule would permit an appeal that addresses more complicated free speech issues, such as the constitutionality of the ordinance itself.
Vanderlee requested that Olson serve the equivalent of a day in jail in community service.
“He has a great deal of energy and initiative, and he’s out there waving signs every day,” Vanderlee said.
“It would be great if he could give a little back to the community by helping out at the shelter or doing something else around town.”
Roberts argued against this, saying Olson “did nothing wrong,” and Landes denied the motion.
Olson was charged with violating the sign code on three occasions, March 27, March 31 and June 18, for which he was cited each time.
Police said they issued Olson verbal warnings to comply with the ordinance’s limits, which restrict displays of signs to occupying an area no larger that 4 feet wide, 6 feet long and 5 feet high, and when he did not comply after a 20-minute period, Olson was cited.
Olson was quoted in the Peninsula Daily News as saying that the situation was exacerbated by the city’s heavy-handed treatment of him; he said that if someone had just come out and talked to him, there could have been a compromise.
Vanderlee took issue with this.
“That’s not accurate,” she said.
“The police politely asked him several times to move his signs, and he indicated that he wasn’t going to do it. He didn’t want to cooperate.”
Landes took issue with another of Olson’s quotes, that he was a “canary in a coal mine” for free speech issues.
“I think that’s an overstatement because canaries die,” Landes said.
“Unless you are standing in front of a tank in Tiananmen Square, I don’t think you have the right to say that.
“To compare yourself to someone who is facing death I found to be a little bit offensive and an overstatement of your own importance.”
In a statement, Olson said he admired the police but not politicians and that he admired the Founding Fathers for their authorship of the Bill of Rights.
‘Soldier for free speech’
“I am a soldier for free speech,” Olson said.
“I’m doing what I feel in my heart, and I’m embarrassed for the politicians who have singled me out.
“I intend to continue this. I would like to do it here.”
Said Landes: “I don’t think this is an issue of free speech; it’s an issue of space.
“It is about the use of public property and that one person shouldn’t have more access than anyone else.
“The city has the right to curtail the amount of space being used, or it will get out of hand.”
Olson expects an appeal to be heard in March or April.
“This is really about the First Amendment of the Constitution,” he said.
“It’s easy to say this is about space, but I’m pretty sure it’s about content.”
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Jefferson County Editor Charlie Bermant can be reached at 360-385-2335 or cbermant@peninsuladailynews.com.
