DA's Office Bringing State Fair Protester In Appeal Court

© 2009 The Associated Press (Photo: Michael Okoniewski)

by Caroline Trudeau

Last week, the district attorney's office decided to ask for an appeal in the case against peace activist Ed Kinane, according to the Post-Standard. 

Kinane was arrested last year at the Great New York State Fair for trespassing after "walking around the fairgrounds in a hodded orange jumpsuit with his legs shackled, wrists handcuffed and carrying a sign protesting the U.S. prison camp at Guantanamo Bay."  He has been acquitted by Geddes Town Judge John Kinsella who rejected the charges saying Kinane had a First Amendment right to protest because he was on public property.

However, Assistant District Attorney Shawn Weed is arguing that the state fair is private because people have to pay a ticket to get in. 

• Was Kinane is his right and under which considerations? 
• What distinguishes free speech from fighting words, considering that soldiers were present on the fairgrounds?