DIY History | Transcribe | Campus Culture | University of Iowa anti-war protests, January-April 1971 | 1971-04-24 Des Moines Register Article: ""Dismiss Bus Blocking Case""

Transcribe
Translate

University of Iowa anti-war protests, January-April 1971

1971-04-24 Des Moines Register Article: ""Dismiss Bus Blocking Case""

Des Moines Register 
Sat., April 24, 1971 Page 3

DISMISS BUS BLOCKING CASE
By Larry Eckholt
(Register Staff Writer)

IOWA CITY, IA - A 32 year-old man, who defended himself on a disorderly conduct charge in Police Court here Friday, has the charge dismissed after arguing that he was not "loafing and lounging" when he stood in front of a bus recently, delaying the departure of draft registrants.
Police Judge Joseph Thornton dismissed the charge against Raymond L. Rohrbaugh - a University of Iowa School of Religion graduate assistant - when Rohrbaugh challenged the section of the city's disorderly conduct ordinance under which he was charged. 
Rohrbaugh and Alan J, Garfield, 21, a U of I sernior from Muscatine, were arrested Apr. 6 in front of the U.S Post Office here after standing in front of a chartered bus bound for the Des Moines induction center. 
Both were charged under a section of the disorderly conduct ordinance which states that a person is guilty of disorderly conduct if he "obstructs or encumbers any street corner or other public place . . by loafing or lounging."
"It was not my intent to 'loaf or lounge' when I stood in front of the bus," Rohrbaugh told Thornton. "I got up at 4:30 in the morning to meet that bus with a specific purpose in mind."
Thornton asked Asst. City Atty. Dennis Clark to reply to Rohrbaugh's contention. Clark said the city was not specifically referring to the "loafing or lounging" language of the ordinance but to the "obstruction of a street corner or other public place" portion of the ordinance.
The judge then asked Clark what evidence the city had presented which demonstrated that the government bus had been obstructed at a "street corner" or "other public place." Clark replied that he had not entered such evidence. 
The only witness testifying Friday was Police Capt. Richard W. Lee who testified that after he advised Rohrbaugh to refrain from standing in front of the bus, "Raymond said, 'Arrest us and get it over with'"
Thornton then dismissed the charge against Rohrbaugh,
However, when Garfield appeared on the same charge, Clark requested Thornton to amend the charge against Garfield, placing it under a section of the same ordinance which prohibits a "breach of the peace."
Thornton amended the charge and granted Garfield a continuance of his trial, now set for May 14. Garfield also appeared as his own lawyer. 
Both Rohrbaugh and Garfield are members of the Iowa Peace Action Committee which has been meeting early morning departures of potential draft inductees since Mar. 1. Three buses have been delayed for brief periods after persons have stood in front of them.

Saving...

Des Moines Register Sat., April 24, 1971 Page 3 DISMISS BUS BLOCKING CASE By Larry Eckholt (Register Staff Writer) IOWA CITY, IA - A 32 year-old man, who defended himself on a disorderly conduct charge in Police Court here Friday, has the charge dismissed after arguing that he was not "loafing and lounging" when he stood in front of a bus recently, delaying the departure of draft registrants. Police Judge Joseph Thornton dismissed the charge against Raymond L. Rohrbaugh - a University of Iowa School of Religion graduate assistant - when Rohrbaugh challenged the section of the city's disorderly conduct ordinance under which he was charged. Rohrbaugh and Alan J, Garfield, 21, a U of I sernior from Muscatine, were arrested Apr. 6 in front of the U.S Post Office here after standing in front of a chartered bus bound for the Des Moines induction center. Both were charged under a section of the disorderly conduct ordinance which states that a person is guilty of disorderly conduct if he "obstructs or encumbers any street corner or other public place . . by loafing or lounging." "It was not my intent to 'loaf or lounge' when I stood in front of the bus," Rohrbaugh told Thornton. "I got up at 4:30 in the morning to meet that bus with a specific purpose in mind." Thornton asked Asst. City Atty. Dennis Clark to reply to Rohrbaugh's contention. Clark said the city was not specifically referring to the "loafing or lounging" language of the ordinance but to the "obstruction of a street corner or other public place" portion of the ordinance. The judge then asked Clark what evidence the city had presented which demonstrated that the government bus had been obstructed at a "street corner" or "other public place." Clark replied that he had not entered such evidence. The only witness testifying Friday was Police Capt. Richard W. Lee who testified that after he advised Rohrbaugh to refrain from standing in front of the bus, "Raymond said, 'Arrest us and get it over with'" Thornton then dismissed the charge against Rohrbaugh, However, when Garfield appeared on the same charge, Clark requested Thornton to amend the charge against Garfield, placing it under a section of the same ordinance which prohibits a "breach of the peace." Thornton amended the charge and granted Garfield a continuance of his trial, now set for May 14. Garfield also appeared as his own lawyer. Both Rohrbaugh and Garfield are members of the Iowa Peace Action Committee which has been meeting early morning departures of potential draft inductees since Mar. 1. Three buses have been delayed for brief periods after persons have stood in front of them.