By Kevin Aldridge, kaldridge@enquirer.com
and Marie McCain, mmccain@enquirer.com
The Cincinnati Enquirer

        Boycott leader Nathaniel Livingston Jr. will have to return to jail.

        The Ohio 1st District Court of Appeals upheld his conviction and 60-day jail sentence Wednesday for disrupting a speech by Mayor Charlie Luken on Fountain Square at the 2000 Oktoberfest opening ceremony.

Livingston

        Mr. Livingston, 33, of Avondale served only 37 days of his sentence before being released pending an appeal of his conviction. He could return to court next month to determine when he'll have to serve the remaining 23 days.

        Mr. Livingston, who had been threatening a hunger strike before being released from jail in lieu of $5,000 bond, did not return phone calls Wednesday.

        His attorney, Norman Aubin, called the decision “disappointing.” Mr. Aubin declined to comment further.

        The former WDBZ-AM talk-show host was convicted in June 2001 of criminal trespass, disrupting a lawful meeting and prohibited use of Fountain Square, all misdemeanors. He was also fined $100 and ordered to pay court costs. He was acquitted of resisting arrest.

        Mr. Livingston disobeyed police instructions not to disrupt Mr. Luken's speech on Fountain Square, and to stop using a bullhorn as he demanded a meeting with Police Chief Tom Streicher and Police Capt. Vincent Demasi.

        In his appeal, Mr. Livingston claimed his First Amendment and state constitutional rights were violated. He argued that at the time of his arrest he was engaged in a lawful protest.

        Appellate judges Robert H. Gorman, Lee H. Hildebrant, Jr. and J. Howard Sundermann upheld the conviction.

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