Shoshana Walter/The Bay Citizen

Councilmember Jean Quan outside council chambers at Oakland's City Hall

Oakland City Council member Jean Quan fired a shot Thursday at her rival in the city's mayoral race, former State Senate President Pro Tem Don Perata, saying his political allies spread false claims that she and fellow City Council member Rebecca Kaplan, who is also running for mayor, should be charged with civil unrest at last week’s Oscar Grant protest.

Kaplan and Quan, who can be seen positioning themselves between police and protesters in numerous recordings of the demonstration (including one by this reporter that has been cited in their defense), have said they did not interfere with police, and were attending as peacekeepers.

Quan said she spoke on Thursday with Oakland Police Chief Anthony Batts, who assured her that no criminal investigation has been launched, outside of a general inquiry into the night’s events, during which hundreds of protesters and police flooded the streets of downtown Oakland. An Oakland Police Department spokesperson confirmed that there is no specific investigation of Kaplan and Quan, only a general investigation of the incident.

Media reports of an “investigation” into the council members’ actions were trumped up, a result of “the spin by the [Oakland Police Officers Association],” the police union that has endorsed Perata’s mayoral campaign, Quan said.

“There’s no charges against us,” Quan said in an interview Thursday. “That’s the Perata headline: ‘Jean Quan investigated by police.’ There’s no investigation. It’s easy for him to play politics with the public safety of the city,” Quan said.

The Perata campaign shot back.

"If they get charged with obstructing justice, inciting to riot or failure to obey a law officer during an emergency, they can attempt the 'Don-made-me-do-it' defense," Perata said through a spokesperson. "Both were grandstanding. Both violated their oath of office and the city charter, and broke laws that would have led to the arrest of any other citizen."

Dom Arotzarena, president of the OPOA, also disputed the implication.

“Right now we don’t care about the mayor’s race,” Arotzarena said. “I just lost 80 officers. What mayoral candidates do and what council members do is none of my business.”

The Bay Area chapter of the National Lawyers Guild alleged yesterday that police used excessive force at the protest. Arotzarena also disputed that claim.

“When this thing went down I believe there was probably more reporters and more cameras than there were cops,” Arotzarena said. “Show me one picture and one video of police misconduct.”

The OPOA put out a robocall last month urging residents to call Quan and protest the 80 police layoffs, which went into effect this week. Kaplan has also been the subject of attacks from a law enforcement organization connected to Perata—the state prison guard’s union. That union indirectly funded mailers criticizing Kaplan’s involvement in the police layoffs, which she voted against.

Quan had more harsh words for Perata, who has not been subject to the same scrutiny as Quan and Kaplan — who recently voted on the unpopular layoffs — and who has not participated in debates.

"That’s the thing with the long, slanderous campaign—they never have to prove anything," Quan said. "They just keep throwing dirt and throwing dirt.”