The story is being accurately reported, so your criticism of the source has no merit. Here is the exact same story from other sources.
http://www.sandiegoreader.com/weblogs/news-ticker/2013/jun/2...
http://www.huffingtonpost.com/2013/06/25/jeff-olson-californ...
http://www.10news.com/news/jeff-olson-man-who-used-chalk-to-...
This prosecution of an activist for writing slogans critical of a bank, on a public sidewalk, and using sidewalk chalk that disappears with a small amount of rain, or a light hosing, has absolutely no merit, and is an abomination to humanity, human rights, and sanity. Justifying it and claiming it is a reasonable prosecution and the judge is being fair as you are doing is absolutely inexcusable.