Keene Sentinel: “Protest Backfire”

August 8, 2010 by Bradley Jardis
Filed under: News, Response

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 Staff

Published: Sunday, August 08, 2010

A 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”

dingdongdugong

Does this mean that they have to argue, in court, that people sitting quietly drinking water out of bottles is disruptive?
Bradley Jardis

They have to prove all the elements of the complaint that they filed against them.

The complaint presently reads:

purposely causes a breach of the peace, by disrupting the orderly conduct of business in any public facility, to wit, disrupting a public forum and refused to leave, after a request by Chief Meola to desist and leave.

Yes… they'll have to prove that their not knowing what Ian and Sam were drinking while they were sitting quietly was disruptive.

it doesn't matter, in my opinion, that the chief told them to leave. The order to leave was not lawful to begin with.
Zeus

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.”

I find it fascinating that the number one namecaller claiming activists behave like children is doing so herself here. Translation: "I don't like what you did so I'm not going to bother doing my alleged job — to protect and serve the people — by removing stupid, dangerous rules my gang enforces by gun on everyone else unequally."

This was a great bit of activism I hope to see continued.
Bradley Jardis

This was a great bit of activism I hope to see continued.

Right on, Zeus.

This activism is not nearly over yet… the court trial is going to be a wonderful thing indeed!
Wes Sayville

So, what next? We need to find a way to support these efforts of Ian and Sam.
Bradley Jardis

Wes,

I believe there are a slew of constitutional arguments that are in Ian and Sam's favor.

There is discussion of these things on the FK forum. Comeeeeee on over!
Jeff

Don't worry about this.

She wasn't really considering sending in a letter, this is just cheap gainsaying after the fact. Immature, at best.
Brill Blackburn

Jeff,

I agree. She was THINKING about SENDING A LETTER. Umm … yeah.

Ms Georgina's remark strikes me as more intended to bias the paper's readership against the activists than any serious effort toward repealing the open-container ordinance. Had she actually sent the letter, at best it might've led to a "study" of the issue. You can guess what the outcome of that study would've been.

The City Council does not yet feel like their backs are against the wall on this.
AModestProposal

I have an idea for a new game. It's called the Keene City Council Acid Trip game. To play, first you drop acid and go to the City Council meeting. The rules are the same as the drinking game, except that instead of taking a drink, whenever the Council takes one of the designated actions, you silently envision all the council members naked and engaged in sexual act with farm animals. You get more points for visualizing more degrading conduct by the council members, and if you laugh or make any noise whatsoever you lose all the points you got up to that time. Finally, dropping acid is optional; you can come high on the drug of your choice or sober if you prefer. Who's in?
Paul

That certainly doesn't sound constructive to me …

At least the (non alcoholic) drinking game made a point about the absurdity/unenforceability of open container laws. Nobody was intoxicated — that was the point — what container you have is irrelevant, what's important is your behavior.

Intentionally showing up to a council meeting while intoxicated seems like exactly the wrong message to send.

Gah, forgot again, this is trem
http://www.shirephotography.com Anton Lee

the Keene Drinking game showed that you can show up and others drunk with power can remove people not causing any disruption.

When will they make public drunkeness illegal? Drunk on power is way worse than drunk on any other substance.
Live Free or Die

When is the next council meeting? I suggest the silent non-alcoholic beverage protest continue will many more attendees – our revolutionary ancestors deserve nothing less!
http://RidleyReport.Podomatic.Com RidleyReport.Podomat

no comments have posted on this article since about 9pm aug 8. Not at the Sentinel, I mean. That's 20 hours worth of ignored citizens.
Heika Courser

Hey all, I am currently working on a letter to send to city council urging them to reverse the open container ordinance. I want to also send in pages of signatures of Keene residents, property owners and business owners that agree with us. Would anyone be willing to help collect signatures? Please and thank you!
Sean

What if you don't have $1500 to drop on standing up for your rights? How long would this money be tied up (assuming you get it back) ?I guess you could show up and push it to the point where they're about to arrest you but what if you miscalculate and they arrest you anyway?
KEENENATIVE

Hey, Heika! Not exactly a signature, but it's a start. Yup, I'm a Keene Native. I think Keene's "open container laws" suck. Gee, does this make me a MEMBER of the "FREE KEENE MOVEMENT"???…I guess if the assoCIAted press says it's true, it must be true, huh?…DANG! That was the easiest MOVEMENT I ever had…
Zeus

Sean,

Don't pay. Do not feed the animals.

Yes, you'll have to suffer in jail but that's the price for fighting back. Not everyone can handle that so only those who can should engage in such activism.