Quantcast
Home manage Las Vegas Review-Journal
  Jobs Cars Homes Shopping Travel Weddings Golf Best of Las Vegas Photo   Search:

RECENT EDITIONS
Thu Fri Sat Sun Mon Tue Wed

sponsored by
News


Woman jailed for picketing jeweler

Customer, store couldn't resolve service dispute

Diana Bickel claims she was exercising her First Amendment rights last month when she picketed a Las Vegas jewelry store to complain that she received poor service when she had a heart-shaped diamond set in an engagement ring.

Not only did District Judge Susan Johnson disagree with Bickel on Tuesday, but she sent her to jail.


Most Popular Stories
  • Man shot by police identified as local attorney
  • TRAFFIC STOP: Shooting accounts conflict
  • Las Vegas officer wounds suspect
  • NORM: At time, drug use wasn't suspected
  • ENGINE FAILURE: Plane makes forced landing
  • No foul play suspected in death of man found near Nellis
  • Police shoot man at traffic stop
  • Police shoot man at traffic stop
  • Three children fall from vehicle; mothers arrested
  • Boy struck, killed by car pulling out of driveway
  • Woman accused of murder admits lying to authorities




  • While Bickel serves a two-day sentence, her attorneys vow to take her plight to federal court.

    "It's ridiculous," said attorney Barry Levinson, who was stunned when his client was carted off to jail. "I'll be damned if I am going to let a judge violate someone's constitutional right."

    Bickel became disenchanted with Tower of Jewels, 896 E. Sahara Ave., after a one-carat diamond she had set in a ring fell out one month later. She also claimed the store failed to find a match to a half-carat diamond, which was needed to make a set of earrings.

    When the two sides reached an impasse in their efforts to resolve the problem, Bickel took to the sidewalk in front of the store with signs that read, "I have a problem with Tower of Jewels," and "I want my cash back Jack."

    Jack Weinstein is the owner of the business.

    The dispute landed in District Court last month, when Johnson had to determine whether Bickel had a right to use the sidewalk as a public forum from which to exercise her right to free speech or whether she was trespassing.

    Further muddling the dispute is the Sahara boundary line between the city of Las Vegas and Clark County. When the thoroughfare was widened, the county took property on the south side from private landowners; the city on the north side did not.

    On Jan. 22, Johnson ruled that the sidewalk on the north side of Sahara still belonged to business owners, including Tower of Jewels.

    "The sidewalk located in front of the Tower of Jewels is not and never has been publicly-owned," Johnson wrote in a preliminary injunction issued Jan. 22.

    Johnson noted that the south side of Sahara is public property where Bickel was free to picket. Bickel "is not restrained or prohibited from picketing where such demonstrations are conducted on publicly owned areas or she is otherwise permitted by another private landowner," Johnson's court order says.

    According to court documents, Bickel's attorneys agreed that she would stop picketing on the sidewalk next to the jewelry store "until this First Amendment issue is resolved in Federal Court."

    But Bickel returned twice. Rather than picketing in front of the store, she hoisted her signs and walked from the corner on the north side of Sahara into the middle of the road, each time obeying the pedestrian traffic signal.

    "The fact that she is walking across the street, pressing a little button to cross back across the street -- there is nothing wrong with that," Levinson said.

    On Tuesday, Johnson ruled that Bickel violated her court order to stay away from the business or impede customers visiting the jewelry store.

    "My thoughts on the court's decision is I couldn't agree with it more," Tower of Jewels attorney Aaron Maurice said, adding that the property owner's land includes the corner where the pedestrian signal is located. "She was sanctioned because she went out there and did it again. It shows a complete lack of respect for the court's order."

    The American Civil Liberties Union became involved in the arguments for the first time Tuesday.

    "This is an issue that obviously goes beyond these two parties," attorney Allen Lichtenstein said. "She (Johnson) suggested that things be stayed pending a resolution of the sidewalk issue in federal court. Now she has held Ms. Bickel in contempt, fined her $500 and ordered her immediately jailed for two days."

    Lichtenstein said court rulings have supported his position that the public has jurisdiction over sidewalks, and therefore people have a right to exercise their First Amendment rights.

    The courts ruled in 1999 that union members had a right to protest on the sidewalks in front of The Venetian. In the early 2000s, three Nevada Supreme Court justices ruled that smut peddlers were not allowed to distribute handbills in front of the Mirage because the sidewalks were private. Others banned the distributors under the belief that the material was illegal. The case was ultimately dismissed.

    The 9th District Court of Appeals in 2003 lifted a city ordinance banning solicitors from the Fremont Street Experience, saying it was unconstitutional.

    According to that ruling: "Factors considered in determining whether an area constitutes a traditional public forum for First Amendment purposes are: 1. the actual use and purposes of the property, particularly the status as a public thoroughfare and availability of free public access to the area; 2. the area's physical characteristics, including its location and the existence of clear boundaries delimiting the area; and; 3. traditional or historic use of both the property in question and other similar properties."

    Maurice said there was no reason for Bickel to begin picketing the business in the first place. The Better Business Bureau became involved last year in a dispute resolution with Bickel and the jewelry store, and it was decided that Bickel would receive a new one-carat diamond -- valued at about $3,800 -- at a discounted price.

    "They were supposed to get it to her in mid-January," Maurice said. "In mid-December she decided she didn't want to do that so she starts protesting."

    Before the store filed its first complaint against Bickel, Maurice said, she not only picketed the store, but followed patrons to their cars with her pit bull dog in tow. Attempts to interview Bickel on Tuesday were not successful.

    Levinson and Lichtenstein said they plan to take the complaint to federal court.

    Contact reporter Adrienne Packer at apacker@reviewjournal.com or (702) 384-8710.

    Newsvine Digg Fark Technorati reddit StumbleUpon del.icio.us Slashdot Propeller Mixx Furl Twitter MySpace Facebook Google Bookmarks Yahoo! Bookmarks Windows Live Favorites Ask MyStuff myAOL Favorites

    Leave Your Comment 58 Reader Comments
    Terms & Conditions
    The following comments are provided by readers and are the sole responsiblity of the authors. The reviewjournal.com does not review comments before publication nor guarantee their accuracy. By publishing a comment here you agree to abide by the comment policy. If you see a comment that violates the policy, please notify the web editor.

    Some comments may not display immediately due to an automatic filter. These comments will be reviewed within 48 hours. Please do not submit a comment more than once.
    Current Word Count:

    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Report abuse

    patriot wrote on February 07, 2008 06:18 PM: Ya Robert, thats the problem in America abusive authority reinterpreting the law as they see fit .You say she was arrested for contempt, but the only reason there was contempt,is because er rights were taken from her in an unconstitutional manner to the highest bidder!


    Report abuse

    you should Go FK urself 2 wrote on February 07, 2008 02:04 PM: ok Go fk urself 2 you are a sad sad person. To tell someone that there family should burn in a oven is childish and trashy. You just made your self sound like you have the IQ of a 3rd Grader. The customer is not always right? Does anyone even know where that saying comes from Look it up and read about it.
    Thank You


    Report abuse

    MediaWatcher wrote on February 06, 2008 10:43 PM: Jonathan Owens: No need to recall Susan Johnson. She is up for reelection in November and has an opponent in Donn Isuzi. Johnson's reputation is based on other snotty lawyers. She is very overrated and only handles certain types oof cases withh wealthy lawyers. Lastly, she has no clue about either the US or Nevada Constitutions as this decision clealy shows. Where is the proof as to whom the customer was impeding? Did she block any people from entering the store? The First Amendment should not take second place to business ma concens.


    Report abuse

    Go Fk Urself 2 wrote on February 06, 2008 10:04 PM: Hey Go Fk Urself ---

    You must be the greedy jewish jeweler who likes to juice the judicial judge.

    THE CUSTOMER IS ALWAYS RIGHT ESPECIALLY WHEN IT CONCERNS YOU IDIOT!!!

    The only thing that needs to burn is your family in an oven... understand!?!?


    Report abuse

    Go Fk Urself wrote on February 06, 2008 08:14 PM: The customer is NOT always right. Customers caught onto the trick of the customer being right and EXPLOIT good businesses for their own mistakes. This lady should burn and greedy customers need a lesson taught to them.


    Report abuse

    Jonathan Owens wrote on February 06, 2008 08:11 PM: I was appalled to read the story about the woman who was jailed for picketing a jewelry store. It terrifies me that we could have selected judges who show such a lack of understanding of the First Amendment – and of just plain justice.

    On thing is clear. We can’t afford to keep District Judge Susan Johnson on the bench a moment longer. Anyone for a recall?


    Report abuse

    steviego wrote on February 06, 2008 08:09 PM: It seems to me to be mundane(ordinary). It is exactly this type of case that a court doesnt want to deal with the facts as they really are. I, on the other hand believe, that if noone cares if you can't picket in front of a store that ripped you off, we are in fact living in drone driven, non-thinking idealistic facade. Conditioned to a life in prison w/o bars? Im Steviego and God Bless.


    Report abuse

    robert wrote on February 06, 2008 07:57 PM: This series of posts is amongst some of the most uneducated (albeit equally distributed errors) I have seen on an R/J Blog.

    Oldlawdawg-- before you state that Judge Johnson had "NOT ALL THAT MANY YEARS IN PRACTICE", perhaps you could share how many years in practice she had? Do you know? The answer is 20 years, during which time she was (and is) AV-Rated, which is the top legal rating.

    Perhaps you would extoll us with Judge Johnson's mishandling of legal matters, since my experience is that she runs one of the tightest, most organized and efficient courtrooms at the Courthouse.

    The arguments below seem to go to whether Bickel should have been on the sidewalk, while the question at hand is whether Bickel showed contempt and violated an Order of the Court. She was not thrown in jail for trespassing; she was thrown in jail for contempt of the Court's Order, which is exactly what Bickel showed. There is nothing wrong with civil disobedience so long as it is civil and understands that the price of breaking the law is jail. She has achieved her martyr status at the price of hots and a cot.


    Report abuse

    MJ employee wrote on February 06, 2008 07:42 PM: I am glad she didnt do it in front of my store!!! Way to go Jack keep the low lifes on your side!!


    Report abuse

    Patrick wrote on February 06, 2008 06:17 PM: This should be a lesson to any business owner concerning customer service. Remember the customer is always right. For some reason in the 90's businesses decided the customer isn't always right, and this is what happens. Bad news is not good PR for a business. Tower of Jewels will in the end pay for this judge's ruling. Better to keep matters out of the courts.


    Read All Comments