AFL-CIO: The Charleston 5, Free At Last

AFL-CIO
13 Nov 2001

Contact: David Ruffin, (202) 637-5387

CHARLESTON, NOVEMBER 13 – In a triumph for workers’ rights and free speech, the case against the three remaining union dockworkers known as the Charleston 5 was resolved today. For nearly two years, false charges of felony rioting and conspiracy to riot hung over the heads of Elijah Ford, Ricky Simmons, and Peter Washington. At a brief hearing, they appeared before Charleston Circuit Court Judge Vic Rawl and pled no contest to low level misdemeanor charges of participating in a nonviolent “riot, rout, or affray” and paid fines of $100 each. The pleas are not admissions of guilt. Each of the three are members of International Longshoremen’s Association local 1422. The cases of Kenneth Jefferson, also of local 1422, and Jason Edgerton of ILA local 1771 were concluded in a similar manner on November 7.

The charges against the Charleston 5 arose from a January 20, 2000 legal union protest against nonunion workers unloading a Danish freighter at the Port of Charleston. On their way to the port, about 150 dockworkers from ILA locals 1422 and 1771 were confronted by a contingent of more than 600 police officers. A fracas broke out and eight union members were arrested and charged by local officials with minor offenses. But South Carolina Attorney General Charlie Condon intervened and, securing indictments of felony rioting and conspiracy to riot from a secret grand jury, took personal control of the prosecution of five of the dockworkers. These latter charges carry heavy prison terms.

The conclusion of the case against the Charleston 5 is a vindication of five courageous dockworkers who, with their families, endured a year and a half of court imposed curfews where they were prohibited from leaving their homes between the hours of 7:00 p. m. and 7:00 a. m. except to go to work or to union meetings. It is a testament to the unified struggle of a broad coalition of unions, support committees, faith communities, and civil rights organizations from across the country that supported the Charleston 5. And it is a victory over the abuse of state power. Attorney General Condon, charged with prosecutorial misconduct, removed himself from the case, and the unjust charges he brought against the dockworkers were thrown out by the court. Finally, by prevailing in this case, the Charleston 5 defended free speech and the right to protest in South Carolina, fundamental principles upon which America was founded.