The Keene Sentinel is running the following article today regarding the open container protest that happened at the Keene City Council last Thursday night:
By Dave Eisenstadter
Sentinel StaffPublished: Sunday, August 08, 2010A drinking game at a Keene City Council meeting designed to open up dialog regarding the city’s open-alcohol-container ordinance may have set it back instead.
City Councilor Cynthia C. Georgina said Saturday she had been considering writing a letter to the City Council questioning section 6-29 of the city’s code of ordinances, which prohibits open containers.
Following Thursday’s meeting however, she will not bother.
“I just wanted to send it in and, if nothing else, make sure it was what people still wanted,” Georgina said. “Now I wouldn’t do it on a bet.”
Ian Bernard, 30, of Keene, who goes by the name Ian Freeman, and Sam Miller, 34, of Keene, who goes by Sam Dodson, were arrested during a recess of the meeting Thursday and charged with disorderly conduct.
Bernard, who was on bail on an earlier case, was further charged with common law criminal contempt of court.
Both men were drinking from containers labeled “not a beer” as a part of a drinking game announced at the website www.freekeene.com.
The rules of the game included drinking whenever there was a call to order, whenever everyone stood and whenever a vote was unanimous.
Georgina said those men were the last people she would want to see with alcohol in public.
“This is the governing body of the city and I just think it (the game) was very disrespectful and disruptive,” Georgina said.
Mayor Philip Dale Pregent, who called for a recess of the meeting after asking several participants in the game to put away their bottles or leave the meeting, handled the matter properly, Georgina said.
Nicholas J. Ryder, a blogger for www.freekeene.com who recently ran for City Council, disagreed.
Ryder did not participate in the game, but was present at the meeting, sitting on the other side of the room.
He said the four participants in the drinking game were not making noise or causing a distraction, and the mayor decided to address the situation anyway.
Recessing the meeting, clearing the room and arresting some of the game’s participants was “overstepping,” according to Ryder.
“I would not be against clearing the room for causing a disruption like playing loud music, but they were drinking drinks; the meeting didn’t stop until the mayor stopped it,” Ryder said.
Previously, protestors have been allowed to bring signs to City Council meetings protesting city ordinances, and Ryder said drinking drinks was no more disruptive than that.
Pregent said Friday the situation was properly handled.
“You can’t have people sitting in the audience and when a word is given they tip up beer bottles,” Pregent said. “It creates an interruption of city business.”
While the containers may not have contained beer, there was no way of telling, Pregent said. The participants did not remove their bottles after he asked them to, so he called for a recess.
When the meeting was recessed, City Clerk Patricia A. Little shut off the feed to the room’s audio system, which is also used by local public access cable channel Cheshire TV. This is normal protocol for a meeting recess, according to City Manager John A. MacLean.
S. Lee Perkins, director of Cheshire TV, said Friday he understood that what happened was standard operating procedure for the city’s sound system. Perkins hopes to purchase a new video and sound system the station would control rather than city officials, he said.
Bernard was released on $500 bail with a court date of Aug. 9. Miller was released on $1,500 personal recognizance with a court date of Oct. 4.
Monica Granger, 27, another participant in the game, was arrested after the meeting and charged with disorderly conduct.
She was also released on $1,500 personal recognizance with a court date of Oct. 4.
Dave Eisenstadter can be reached at 352-1234, extension 1432, or deisenstadter@keenesentinel.com
I have some thoughts about this article that I would like to share.
“Both men were drinking from containers labeled “not a beer” as a part of a drinking game announced at the website www.freekeene.com.”
A peaceful protest that did not involve the violation of any laws. This type of activity allegedly is protected by the Constitution.
“Georgina said those men were the last people she would want to see with alcohol in public.“
Well Cynthia you really don’t have to worry about that… considering these two guys rarely drink any alcohol whatsoever.
“This is the governing body of the city and I just think it (the game) was very disrespectful and disruptive,” Georgina said.”
Yes, “disrespectful.” If only you could charge Ian and Sam with being “disrespectful” things would be a lot easier. Since you can’t legally do that you’ve charged them with being “disruptive.” I’m anxious to see how the Keene Police will make a case of their disruptiveness. Even the complaint they served Ian and Sam doesn’t specify their precise conduct which was “disruptive.” Why wasn’t Heika charged with being disruptive? Oh, right… she consented to a search of her bottle she was drinking from.
Ian and Sam surely were disruptive by asserting their right to privacy.
“Mayor Philip Dale Pregent, who called for a recess of the meeting after asking several participants in the game to put away their bottles or leave the meeting, handled the matter properly, Georgina said.“
It is not illegal to drink water out of a beer bottle quietly in front of the Keene City Council in peaceful protest of a law.
“Nicholas J. Ryder, a blogger for www.freekeene.com who recently ran for City Council, disagreed. Ryder did not participate in the game, but was present at the meeting, sitting on the other side of the room. He said the four participants in the drinking game were not making noise or causing a distraction, and the mayor decided to address the situation anyway.“
Looks like the police are going to have quite an uphill battle proving a “disruption” when there is a witness who will testify that they were doing nothing other than engaging in their peaceful protest. Come to think of it, the following people will have to testify that Ian and Sam were not actually causing any disruption: the mayor, the city manager, the police chief, the whole darn city council.
This will be a court case you’ll not want to miss!
“I would not be against clearing the room for causing a disruption like playing loud music, but they were drinking drinks; the meeting didn’t stop until the mayor stopped it,” Ryder said.“
So they MAYOR is the one who disrupted the meeting.
“Previously, protestors have been allowed to bring signs to City Council meetings protesting city ordinances, and Ryder said drinking drinks was no more disruptive than that.“
Excellent point Nick. Not only is it no more disruptive than holding signs… symbolically it is the same damn thing: people appearing at a public meeting to express displeasure with a government policy.
““You can’t have people sitting in the audience and when a word is given they tip up beer bottles,” Pregent said. “It creates an interruption of city business.”“
Other than your ego being bruised… please explain to me how drinking water out of a beer bottle creates an interruption of city business? Does it create an interruption because you know the protesters have decided to drink every time the Council decides to vote to use violence against someone?
Those kids who quietly wore black armbands to school in protest of the Vietnam conflict really created a disturbance, didn’t they?
(The Court found that the actions of the Tinkers in wearing armbands did not cause disruption and held that their activity represented constitutionally protected symbolic speech.)
“While the containers may not have contained beer, there was no way of telling, Pregent said. The participants did not remove their bottles after he asked them to, so he called for a recess.”
So because the government is unable to determine if someone is breaking a law… they should be preemptively booted out of a public meeting that they have a constitutional right to attend? I thought the state had to have evidence before taking an adverse action against someone?
I look forward to seeing the Keene Sentinel’s article titled “Charges Against Protesters Backfire” 🙂
