Free Keene

Comment by Luke

October 29, 2008 @ 7:38 am

I heard them say that you had to get a permit and you had to get rid of your food. Did you get a permit? Did you get rid of your food?

Comment by Zeus

October 29, 2008 @ 8:54 am

Looks like a set-up to me. Mr. Cop/Prosecutor stated he’s read the website so that means it’s under surveillance.

One of the cops also alleged that someone called the Chief and complained about there not being a permit. I can pretty much lay money on them not revealing said accuser even though the accused shall have the right to face his accuser.

Cracking down on pro-freedom activists is just going to bring even more of them to Keene and send a signal to those already there to double their efforts. You reap what you sow.

Comment by Ian

October 29, 2008 @ 1:30 pm

Luke: No and no.

Comment by Denis Goddard

October 29, 2008 @ 9:39 pm

Ian, Article I is too vague.

Go for Article 32 next time:
“[Art.] 32. [Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance, redress of the wrongs done them, and of the grievances they suffer.”

Jeremy Couch brought this up on NHLiberty.org, it looks very applicable to the next gathering.
http://www.nhliberty.org/forum/index.php?topic=1327.0

Comment by Curt Springer

October 29, 2008 @ 11:11 pm

Here is a case from Maine that you might find of interest. I admit I have only skimmed it.

Several NH communities require “gathering permits” even for events like wedding receptions on private property. No local ordinance in NH is valid unless specifically authorized by state statute (different from Maine where they have home rule), and no local reference I have ever seen for such permits has ever cited the law that the town or city thinks gives them the authorization. I can’t find authority in the state law that lists most general-purpose ordinances that a town can enact, nor can I find it in the criminal code, particularly not in the law against “disorderly conduct.”

Comment by Curt Springer

October 29, 2008 @ 11:36 pm

Here is the Keene ordinance:

ARTICLE XI. OUTDOOR EVENTS*

__________
*Cross references: Environment, ch. 38.
State law references: Open-air meetings, RSA 286:2 et seq.; shows, carnivals, RSA 321-A:1 et seq.

__________

DIVISION 1. GENERALLY

-=Blah BLAH BLAH

edited for length. Please link to boring statutes. Comments are for your opinions only. =- -editor

Comment by Zeus

October 29, 2008 @ 11:58 pm

Curt,

Maybe I missed it skimming through the legalese but where is the statement by the city wherein they legitimize their ability to provide a license, particularly (but also in general) in regards to “public” property?

In other words, where is the statement that says something like “The city is granted by X (state, the people, god, whatever) the right/power/ability to sell documents granting permission (bonus: to do Y or Z)”?

I’m questioning their authority here to both require and offer permission, both in general as well as over public property. Who granted them this power and where is that written?

Comment by Curt Springer

October 30, 2008 @ 7:22 am

To Editor:
Re “length” and links that’s all well and good but you know when you put links in often your comment can’t be posted.

To Zeus:
The city doesn’t have to state the source of authority from the state, it just has to exist. But actually in the online code presentation it does cite the specific statutes.

I was surprised at the breadth of discretion given to towns and cities to regulate events not only on public ways but on private properties adjacent to public ways, which is like everywhere, and private halls. Some of the dates on the legislation is from the mid 19th century. So I imagine that it is rooted in real or imagined civic problems or expenses from when lots of local entertainment consisted of traveling shows like PT Barnum, minstrels, whatever.

Comment by Ian

October 30, 2008 @ 9:15 am

You can post a few links, but more than 3 puts your comment into moderation as potential spam.