The headline in today’s Arizona Republic read: “County, 7 activists settle: $475,000 payout for Arpaio protesters much higher than first authorized.”
The headline could have read: “You can’t trample the U.S. Constitution, even if you’re Sheriff Arpaio, and get away with it.”
I know the inside story on this issue because I wrote a column in May about this astonishing case–7 protesters arrested in December of 2008 (some of them twice) for protesting Arpaio’s immigration policies. WHERE they were arrested is crucial: first, in the waiting room of the Maricopa County Board of Supervisors’ office as they waited to meet with Chairman Dan Stapley; and then during the PUBLIC COMMENT section of the PUBLIC MEETING of the Supervisors: two were hauled off in handcuffs as their names were being called by Stapley to come forward to address the board!
When their case of “disrupting” a public meeting came to trail before Justice of the Peace C. Steven McMurry, he was horrified, calling the arrests “malicious and without probable cause.” He didn’t even need to hear the defense, telling them they could save their breath because the case was such an assault on the constitution, he was throwing out all the charges and telling the county to pay their legal fees. He said: “This is such an extreme case,with Sheriff’s deputies trampling on the First Amendment and being aided and abetted by the County Attorney. It has to stop.”
Judge McMurry, I discovered, was the FIRST judge with the guts to slapdown Arpaio and Thomas over their heavy-handed and unconstitutional behavior. And now the county has negotiated a large settlement to compensate the protesters and end their civil suit. As a taxpayer, I’ll have to help pay off these fines. I see it as the cost of freedom from tyranny.
And by the way, Judge McMurry is up for reelection. He sure has my vote.