Thread: Students Fighting Tickets From Immigration Protests

http://www.kxan.com/Global/story.asp?S=5768855&nav=0s3d

A jury decided that a Round Rock High School student who skipped class to participate in an immigration protest back in March is guilty of violating curfew.

Just weeks ago, another student was found not guilty.

KXAN NBC Austin's Shannon Wolfson examined what makes the difference as dozens of other cases await trial.

Hundreds of students in Round Rock have paid the price for protesting. Of more than 200 tickets issued for curfew violations and disrupting class, more than half of the students have pled guilty.

Only one has been found guilty by a jury. That student is 17-year-old Jennifer Avilez.

"I think that she was very courageous in standing up for her rights. The reality is it would have been easy for her to take the easy way out and plead no contest," said Ernest Saadiq Morris with the Texas Civil Rights Council.

Morris is one of Avilez's attorneys. He said he still believes his client is innocent.

While Round Rock does have a curfew ordinance, it also states students will be excused with either parental consent or if they're exercising their First Amendment rights.

Moore says Avilez had permission from her mother to protest.

"Therefore, not only should she not have been charged, she shouldn't have had to go to trial and she certainly should not have been found guilty," Morris said.

Avilez was the first student to be found guilty by a jury, but there are still more than 40 students waiting for their day in court.

In the only other trial to have gone before a jury so far, the 15-year-old student was found not guilty.

Avilez was convicted of a class C misdemeanor. She'll have to pay a fine of $278. Morris says they will appeal.

"We're definitely going to challenge the verdict. I think that it's one of those verdicts that if it's left to stand will encourage the suppression of free speech," Morris said.

Avilez's case was slightly different than most of the others because she was picked up by an officer on her way to the protest.

KXAN did try to get reaction Monday from both Round Rock police and the city. Both say it would be inappropriate to comment while so many cases are still tied up in court.

An attorney KXAN spoke with did make an interesting point. He says these students were ticketed for violating curfew, and many of them are missing class to attend their own trials.

Avilez was convicted of a class C misdemeanor. She'll have to pay a fine of $278. Morris says they will appeal.

"We're definitely going to challenge the verdict. I think that it's one of those verdicts that if it's left to stand will encourage the suppression of free speech," Morris said.

I'll bet Avilez and her mother didn't pay one red cent toward attorney fees!