PORT TOWNSEND — A man who says he is a free speech activist was found guilty of three counts of violation of the city sidewalk area rule Thursday.
Richard Erik Olson, who is also known as Arhata Osho, plans to appeal the conviction, said his attorney, Bret Roberts.
Jefferson County District Court Judge Jill Landes found Olson, 70, of Port Townsend guilty after a one-hour hearing and 15 minutes of deliberation, ruling that Olson was in violation of a city sign code enacted March 18.
The code restricts displays of signs to occupying an area no larger than 4 feet wide, 6 feet long and 5 feet high.
Sentencing is scheduled for 2 p.m. Dec. 10 at Jefferson County District Court, 1820 Jefferson St.
Each count can carry up to 90 days in jail, a $1,000 fine or both.
Olson called the proceedings “procedural.”
“The whole thing is silly,” Olson said after the trial.
“One person could have come down and put their arm around me to talk, and we could have worked it out, but all this drama is going to make national news and get people more involved in free speech efforts.”
The case isn’t over, according to Roberts.
“In order for the case to be appealed, there needs to be a conviction,” Roberts said.
“The purpose of this trial is allowing him to appeal.”
Roberts plans to take the case to Jefferson County Superior Court and then possibly to the state Court of Appeals.
City Prosecuting Attorney Johanna Vanderlee offered testimony from five members of the Port Townsend Police Department: Sgt. Troy Surber, Officers Jeremy Vergin and Sherry Erickson, code enforcement volunteer Jerry Spiekerman and Chief Conner Daily.
Police statements described three instances in which Olson was cited for code violations — on March 27, March 31 and June 18.
On all three occasions, Olson was given a verbal warning and told to comply within an hour, they said.
When he did not, the officers returned and issued citations.
Surber and Erickson testified that Olson was polite and accommodating when receiving the first citations, while Vergin and Spiekerman found him to be less affable.
Spiekerman said Olson “wasn’t in the mood to change the size of his display,” while Vergin said Olson challenged the ordinance.
Vergin said that while he was measuring the display, Olson deliberately moved one sign to a place where it was in violation.
“He was telling me that he was a canary in the mine shaft for the free speech movement,” Vergin said.
“He was polite, but it was obvious that he was taking a stand against the municipal code.”
Daily’s testimony was brief. He said only that Olson had never applied for a code variance.
Roberts did not make an opening statement, cross-examine witnesses or make a closing statement.
He said he would make a statement during the sentencing hearing.
Roberts pointed out the city had not brought forth any witnesses to Olson’s harassing passersby or obstructing pedestrians, an argument that Landes called “irrelevant.”
Roberts was contradicted by Vanderlee when he said Olson had been in compliance with the code over the past several months.
“He has not been in compliance,” she said.
“We just haven’t cited him.”
After the hearing, Roberts said the three counts overlap to cause “multiplicity,” where one act is spread out to include several violations, and that he would ask the judge to consolidate the charges.
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Jefferson County Reporter Charlie Bermant can be reached at 360-385-2335 or at cbermant@peninsuladailynews.com.