Notable Protests and Related Legal Matters
When the Cleveland Indians played in the 1997 World Series, protesters demonstrated against the team's use of the Chief Wahoo mascot. When American Indian activist Vernon Bellecourt burned an effigy of Chief Wahoo, police arrested him and ordered others to leave. Later, the police arrested two other protesters who had moved to another part of the stadium. Officials claimed all three had actively resisted arrest. Bellecourt was charged with criminal endangerment and resisting arrest, while the other two were charged with criminal trespass and aggravated disorderly conduct. Charges against the defendants were later dismissed.
Protests against the use of the Chief Wahoo character greeted the opening of Jacobs Field in 1998. Cleveland police arrested three protesters for burning an effigy of Chief Wahoo, and shortly thereafter arrested two more protesters for burning an effigy of Little Black Sambo. They were booked and jailed for aggravated arson. However, no formal charges were filed after the booking, and the protesters were released the next day. The protesters, led by Bellecourt, later sued the city for violating their free speech rights.
In 2004, the Ohio Supreme Court ruled in a 5-2 decision that the arrest did not violate the protesters' First Amendment rights. Justice Maureen O'Connor wrote in the majority opinion that "without question, the effigy burnings were constitutionally protected speech," but, citing the 1968 U.S. Supreme Court decision in United States v. O'Brien, O'Connor also wrote that “the windy conditions coupled with the spraying of additional accelerant on the already burning effigies created a hazard" and that "the police were obligated to protect the public, including the protesters themselves.”
Protests against the use of the Chief Wahoo mascot have continued since the 1990s. In 2004, ruling on a lawsuit brought by protesters who wished to demonstrate against Chief Wahoo's use, the Sixth Circuit Court of Appeals decided that the sidewalks near Jacobs Field were a public forum and that the owner could not place content-sensitive restrictions on its use.
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