With his lawyer calling it a major First Amendment victory, a Buffalo City Court judge has dismissed the last charges against a local activist arrested in an incident outside a downtown bank.
Nate Buckley has faced a series of charges growing out of a vocal protest and scuffle outside M&T Bank's offices in Fountain Plaza in April of 2011, including obstructing governmental administration.
In dismissing the last remaining counts, City Court Judge Joseph Fiorella ruled the protest was taking place on public, not private, property and that NFTA Officer Richard Russo had committed "improper conduct which is repugnant to this Court's sense of justice."
"Space where Mr. Buckley was arrested is a public space and you have an absolute right under the First Amendment to the United State Constitution as well as Article One of the New York State Constitution to exercise those rights to petition the government for redress of grievances to speak your mind on any issue without having to fear that you will be arrested," said Buckley's lawyer Michael Kuzma.
Buckley says he was exercising his First Amendment rights on that day.
"We were protesting against the wars of aggression of the United States, and then we were the victims of aggression by the police. I think that my not coping out to a plea or giving in and saying that I was guilty just to make it easier on myself, I think that shows everyone that if you stay strong and you have community support, then you can win and the fight is worth it," Buckley told WBFO News.
The NFTA had no immediate comment.
