Prosecution of Union Member Arrested During a Legal Picket at Insomnia Cookies Continues

Medford, Mass. – A union member arrested last year on a legal picket outside Insomnia Cookies near Harvard Sq. attended a hearing at Cambridge District Court in Medford on Tuesday. 

Jason Freedman, a member of the Industrial Workers of the World union, was charged by Cambridge Police Department with assaulting a police officer, resisting arrest, and disorderly conduct following his arrest on November 14; charges he adamantly denies.

At the court, Freedman told Open Media Boston that he “wasn’t too surprised” that the case is going forward, but vows that he’s “going to keep fighting it.”

Commenting on the approximately 15 people who attended the hearing on his behalf, Freedman says he is “very honored” to have their support.

In regard to what he alleges are “trumped up” charges made against him by police, he says “I’m going to stand my ground; that I did not assault a police officer.”

Freedman was taking part in last year’s picket in support of five Insomnia Cookies workers who were fired from the Cambridge restaurant following their attempts to form a union, improve their pay and working conditions, and secure health benefits.

In a previous report, Freedman told Open Media Boston that the police officers who responded to the picket were “very aggressive,” and that their intention was allegedly to “break-up” the picket.

At the time, Freedman claimed to have been taking part in the picket peacefully, saying he “wasn’t trying to cause conflict,” when he was then allegedly targeted by police.

Photos and video captured of the incident, show that Freedman was tackled to the ground by several Cambridge police officers.

The original criminal complaint against Freedman alleged that he pushed Officer Edward Burke with “a wooden stick with a flag attached,” and “caused an inconvenience to many pedestrians who had to walk on the street as a result of the struggle.”

Forming a union and picketing are protected practices under the National Labor Relations Act, which is overseen by the National Labor Relations Board.

Alleging that Insomnia Cookies unlawfully fired the striking workers, the Board's Boston office confirmed that it has issued a complaint against the company and has asked it to provide backpay and reinstate staff members; a public trial will be held at the Thomas P. O'Neill Federal Building in Boston on March 5.

Open Media Boston contacted the Cambridge Police Dept. for a press statement, but did not receive a response before the filing of this report.

Deputy Superintendent Jack Albert of the Cambridge Police Dept. in a previously reported statement said that officers “were attempting to strike a balance between the freedom of speech of the protestors and the rights of pedestrians and business to access the public sidewalk … when a protestor became violent, struck a police officer, and was taken into custody.”

Open Media Boston contacted the Middlesex District Attorney’s office for a statement on Freedman’s prosecution, but did not receive a response before the filing of this report.

Supporters are expected to join Freedman again when Judge Roanne Sragow continues the case on April 15.

Photo courtesy of Le Le Lechat.

Editor's note (2/12/14): This story has been updated with information from the National Labor Relations Board.