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| Restraining Order Upgrade Denied by Judge For Immediate Release - Contact: Naomi Wagner (707) 629-3546; Karen Pickett (925) 376-7329 Humboldt county judge Christopher Wilson today refused to grant Maxxam/Pacific Lumber's request to upgrade a current restraining order to a preliminary injunction. Judge Reinholtson issued the TRO two weeks ago against tree-sitters and other forest activists involved in the ongoing efforts to protect the Freshwater watershed. This rural residential area near Eureka has been under virtual siege this past week as company-hired climber, Eric Schatz and other employees of Schatz's tree trimming business scaled the giant old growth redwoods and extracted several protestors who were inhabiting them, including Remedy and Wren, two well-known women who had been occupying the trees for almost a year. Six defendants representing themselves argued that the preliminary injunction should not be granted, since some of the activists being enjoined were already being held in jail, and they, as well as other recent Freshwater arrestees had not had sufficient time to obtain legal counsel nor to respond properly to the voluminous paperwork being served on them. The defendants raised issues of improper service of the TRO on a SLAPP suit (strategic lawsuit against public participation) presented to the sitters by posting notices on the tree trunks in question, since the trees have been reoccupied by other activists each time a sitter has been removed. The credentials and liability of climber Eric Shatz are also being challenged by activists who visited his insurance company to show videos of the perilous conditions 200 feet up in the wet and windy branches of the ancient trees. "How can the process server know who he's really serving?," questioned one defendant. "What about the civil rights of the many as yet unnamed and unserved "John and Jane Does" in the company's complaint, covering does 1-200, who have committed no crime and have not been arrested?" Finally, defendants pointed out that Maxxam/PL's status as a "lawful business" was being challenged in court "as we speak"by the lawsuits filed by EPIC, on its opening day of trial, and by the People v.s. Maxxam/PL in the suit filed by Humboldt county district attorney Paul Gallegos. Citing the need for due process and saying he "wants to hear both sides of the story" judge Wilson scheduled an evidentiary hearing requested by the defendants, and agreed to review PL's request on April 14. ###  << Back to Press Release Archive | Latest Press Release | Newsroom | | 
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