State v. Simon and State v. Redway

Summary

The North Dakota Supreme Court affirmed criminal judgments against Alexander Simon and Mary Redway arising from protests against the Dakota Access Pipeline. The court held that sufficient evidence supported Redway’s and Simon’s disorderly conduct convictions and that Simon’s linked-arm conduct supported his conviction for physical obstruction of a government function. The court also concluded that the defendants’ conduct in attempting to flank law enforcement on private property was not constitutionally protected activity subject to exclusion under North Dakota’s disorderly conduct statute.

Holdings

1. Substantial evidence supported Redway's and Simon's disorderly conduct convictions because the evidence showed they were more than merely present and participated in attempts to flank law enforcement's skirmish lines after being directed to leave or return to the highway.
2. The defendants' conduct was not constitutionally protected activity under N.D.C.C. § 12.1-31-01(2), and the district court properly considered evidence that they repeatedly attempted to flank law enforcement and advance toward construction equipment on private property after being directed to leave.
3. Substantial evidence supported Simon's conviction for physical obstruction of a government function because the photograph showing him linking arms with other protesters during arrests supported an inference that he intentionally obstructed, impeded, or hindered law enforcement.

Questions Presented

1. Whether substantial evidence supported Redway's and Simon's disorderly conduct convictions.
2. Whether evidence of the defendants' protest activity was constitutionally protected activity that had to be excluded under N.D.C.C. § 12.1-31-01(2).
3. Whether substantial evidence supported Simon's conviction for physical obstruction of a government function under N.D.C.C. § 12.1-08-01.

Disposition

affirmed