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Commentary: Demonstrators threatened with prison for defending their community

(Trent Nelson | Tribune file photo) Protesters in front of the Matheson Courthouse in Salt Lake City on Tuesday Nov. 26, 2019. The Salt Lake County district attorney’s office filed charges last month against 10 people in 3rd District Court accusing them of starting a riot in the lobby of the Salt Lake Chamber offices in July after a protest over the inland port turned into a violent confrontation with police. All 10 face a charge of rioting, a third-degree felony with a possible sentence of one to 15 years. Nine of them face a charge of criminal trespass, a Class B misdemeanor. The protestors have their first court appearance on Tuesday at 8:30 a.m. and are planning a rally beforehand.

This letter is on behalf of 18 engaged community members facing a combined 35 years in state prison for seven felony charges, plus at least 32 misdemeanor charges which each threaten a maximum penalty of 90 days, six months or 364 days in jail.

What did we do? We challenged powerful business interests and political insiders on the deadly polluting port they’ve been trying to foist on the entire valley.

Nov. 26 was the first court appearance for those with the most serious charges related to the July 9 protest against the inland port. On that day in July, activists showed up for an uplifting rally complete with wetland bird costumes, singing and dancing. Speakers called on us to understand the links between the many forms of injustice that assault our communities, from the environmental racism of the port to the violence of deportation and family separation. We took our grievances to the Chamber of Commerce, which had been caught selling seats on an Inland Port Authority advisory board.

Whatever justification the state uses, it’s wrong to charge people for doing what’s necessary to protect their communities. It’s clear that the state has no legitimate reason to prosecute us. The real intent is to intimidate protesters and smear our names before the public.

How do we know these charges are political? First, because Salt Lake County District Attorney Sim Gill told the media about them before he told us. Gill issued a press release and went on TV long before notifying any defendants. We found out about our own charges from news reports.

Second, the charges against us are ludicrous. We laughed at the original misdemeanor “riot” charges, and again when they were escalated to felonies. The DA claims these severe charges are motivated by destructive conduct, but he chose to file most of the felony riot charges against people who participated in a nonviolent sit-in. Sitting on the floor isn’t rioting.

Third, the narrative against us is riddled with dishonest and defamatory allegations. In retrospect, it’s not surprising that the Chamber of Commerce, whose corruption we were protesting, made up disgusting stories to humiliate us. They also grossly exaggerated the cost of cleanup to an implausible figure to justify felony charges.

Troublingly, the governor of Utah himself echoed Chamber CEO Derek Miller’s inflammatory comparison of the protest to terrorism. We can’t expect a fair trial given the prejudicial influence of these remarks.

Finally, certain activists have been individually targeted with charges for past protests where they were not arrested at the time. All of this is political repression, not justice.

A system that serves the interests of the people would shut down a dangerous project like the inland port rather than punish people for standing up for themselves and their communities. In a valley with deadly levels of air pollution, the port’s additional diesel trucks will certainly cost lives. It continues a pattern of environmental racism in placing polluting projects on the west side, like the oil refinery. Many similar projects have plunged the world into a climate and biodiversity crisis. That makes it all the more critical to halt the development of a port that would transport fossil fuels and degrade irreplaceable migratory bird habitat.

Powerful people have tried to demonize us, but the truth is we’re part of the communities we’re trying to protect. Our neighbors will see through these false charges. Co-defendants include parents and grandparents; teachers and students; workers, elders, and artists. We came together as friends strengthened by the desire to protect what we love. We ask you to show up for us in return: Demand Sim Gill drop the charges.


Twenty-one people face criminal charges from various protests against the development of the Utah Inland Port. Eighteen are connected to the Inland Port 21 defendants organization that collectively wrote this letter. Named authors are Adair Kovac, KC Fralick, Ethan Peterson, Maura Sanchez, Sam Murdock and Rae Meads of Civil Riot, Dave Newlin of Utah Against Police Brutality and Gary Mesker of Elders Rising.