As the standoff with police wore on, some protesters sat on the roof of the barn.

Photo by Martin Austermuhle


This article has been updated.

Members of Occupy D.C. who were arrested last December when the protest group erected a barn-like structure in McPherson Square were found guilty today of failure to obey police orders—along with other charges for some—by a magistrate judge in D.C. Superior Court.

The morning of December 4, about two months into its residency at McPherson Square, Occupy D.C. moved the prefabricated structure into the downtown park. The barn’s introduction set off a confrontation with U.S. Park Police that lasted into the evening until the last demonstrators were pulled off the barn’s rafters by officers riding in a cherry-picker.

Of the 31 people arrested that day, 12 faced charges in court in a trial that began last Wednesday. Charges against one, Rooj Alwazir, were dropped after witnesses for the prosecution failed to sufficiently identify her in court.

But after a week of proceedings that also included testimony from a building inspector from the Department of Consumer and Regulatory Affairs as well an architect who testified to the structure’s durability, Judge Elizabeth Wingo found that the remaining 11 defendants had failed to obey a lawful order during what Park Police had declared an emergency situation. Four defendants were also found guilty of disorderly conductissued larger fines for climbing on top of the structure—which was nicknamed the “Occubarn”—and refusing to leave during the McPherson standoff. Among that group was the performance artist Adrian Parsons, who a few days after the barn-raising embarked upon a much-documented 25-day hunger strike.

For the failure to obey convictions, Wingo ordered each defendant to pay $50 to D.C.’s assistance fund for violent crime victims, the absolute minimum punishment. The protesters found guilty of disorderly conductwho climbed the roof were fined $100.

A final defendant, David Givens, was also found guilty of indecent exposure for urinating off the roof of the barn. For that, Givens received a suspended jail sentence of 90 days pending the completion of 24 hours of community service and a fine of $150. He was also sentenced to one year of probation.

Update, 3:45 p.m.: Jeffrey Light, the attorney who represented the Occupy D.C. members, was mostly pleased with Wingo’s judgment. “I think that the judge was very thoughtful,” Light said in a phone interview shortly after the verdict. “She generally did an admirable job getting through issues of First Amendment law.”

Where Light disagreed with Wingo, though, was that the barn situation constituted an emergency. He plans to appeal the decision on those grounds, citing in particular the government’s decision to destroy the McPherson Square structure rather than preserving it as evidence. He’s also planning to contest the definition of an emergency situation.

“In general people were not trying to create havoc, they were trying to make the world a better place,” Light said. “But I also think the sentencing was fair.”

Correction: An earlier version of this article reported that all 11 defendants were found guilty of disorderly conduct. The entire group was found guilty of failure to obey a police order; the protesters who climbed on the roof were issued larger fines.