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Source: http://www.denverpost.com/news/ci_11347810?source=rss
February 13, 2009 - content has not been altered.

Denver to pay vendor jailed in "Rocktober" flub

By Christopher N. Osher
The Denver Post
Posted: 01/01/2009 12:30:00 AM MST
Updated: 01/01/2009 12:33:37 AM MST

A woman is scheduled to receive $20,000 from the city of Denver after contending she was wrongly arrested for selling T-shirts outside Coors Field with the phrase "Rocktober" during the Colorado Rockies' World Series appearance.

Christina Eyre protested at the time of her Oct. 27, 2007, arrest that she had a trademark for the phrase and was engaged in ongoing negotiations with Major League Baseball and the Rockies to sell them her copyright.

Her attorney, David Lane, said the criminal charges were dropped after he provided documentation substantiating her claim. The Rockies and Major League Baseball Properties also have reached a separate confidential settlement with Eyre in which Eyre received further compensation. As part of the settlement, the baseball team, Major League Baseball, the city and arresting officer deny any wrongdoing.

Officials with both the Rockies and the Denver city attorney's office did not return telephone messages seeking comment.

The Denver City Council is set to consider the city's $20,000 settlement Monday.

Lane said Eyre suffered nerve damage to her thumbs during her arrest.

"She was selling the T-shirts perfectly legally," Lane said.

Her criminal charge of counterfeiting was dismissed after Lane filed a motion and documents in Denver County Court showing that she had registered the Rocktober phrase with the Colorado secretary of state's office on Oct. 3, 2007.

The Rockies baseball club registered the phrase five days later, court filings show. Eyre also had received a peddler's license from the city of Denver's excise and license department allowing her to sell her wares.

The day of her arrest, a representative from Major League Baseball and a Denver police detective demanded that she stop selling her merchandise, Lane said.

"She told them, 'You're the ones that are being illegal,' " Lane said. "But she was arrested."

He said that after she asked for the arresting officer's business card, Detective Nick Rogers replied: "You want to play that way?" before clamping on handcuffs too tightly.

Lane said his client suffered nerve damage to her thumbs and had to stay in jail overnight.

Rogers did not return telephone messages seeking comment.

Christopher N. Osher: 303-954-1747 or cosher@denverpost.com

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