Court Dismisses Charges Against UNC Protesters

But Bollag said Monday's court appearance was a disappointment despite the fact that he and others were not penalized for continuing to protest war with Iraq after being asked to leave the Chapel Hill office of Rep. David Price, D-N.C.

The Oct. 7 protest, which drew almost 300 people, evolved into a sit-in involving 17 people -- including eight UNC students -- that lasted for about three hours.

The group demanded to speak to Price, who was in a meeting of the House of Representatives Committee on Rules.

The demonstration was intended to inform Price that some of his constituents wanted him to vote against a bill that would allow a unilateral attack on Iraq.

At 6:35 p.m. Oct. 7, during a brief committee recess, Price called his office and spoke to protesters for 15 minutes.

Bollag -- along with two other defendants facing the same trespassing charges stemming from their refusal to leave Price's office until 7 p.m. Oct. 8 -- said he came to court after weeks of legal preparation ready to defend himself and his views on war with Iraq in front of the hundreds gathered.

But the dismissal denied them that chance, Bollag said.

"I was very surprised," he said. "We prepared for weeks. We were all ready to go to trial."

Al McSurely, a lawyer from Durham and a self-declared activist, represented Bollag, DeWitt and the third protester, Chatham County resident Lenore Yarger.

When Yarger's name was called, McSurely stood up just as he had with the other two defendants.

"I am representing Ms. Yarger, and we're ready for trial," he said.

But the three defendants' cases already had been dismissed.

After McSurely had a few words with officers of the court, the defendants and about 30 other people with stickers protesting war and advocating peace filed out of the courtroom.

"We were going to do a defense today on the grounds of the lesser of two evils," McSurely told the group after it gathered outside.

"They were breaking a minor law to prevent President Bush from going to war with Iraq."

Price spokeswoman Bridget Lowell said the congressman never intended to press charges against the protesters.

"It wasn't our decision to bring those charges against them," she said.

"We value their rights to express their opinions, and they certainly registered their opinions to (Price)."

Lowell said Rose Almond, Price's district manager, wrote a letter to the Orange County district attorney's office asking that the cases be dismissed.

Almond did not return phone calls Monday.

But Bollag said that although he is disappointed he could not defend his views on the stand, he is happy his actions might inspire activism in the future.

"If 30 people came out to support three people, maybe this will inspire more," he said. "Maybe next time there will be 10 protesters and a hundred people."

The State & National Editor can be reached at stntdesk@unc.edu.