I’ve never met the fellow but from what I hear from fellow FreeKeene.com contributors he is indeed a very nice guy.  I personally appreciate his responding to me so quickly regarding my questions.

This is what he had to say:

Mr. Jardis:

Thank you for your inquiry.

Relative to my comments on WKBK concerning RSA 332-D, I was incorrect.  It was my belief at the time that these laws had been repealed only to later learn they had not. It appears they are on a time line for repeal sometime in 2011.

I researched whether the City of Keene utilized the exceptions outlined in RSA 332-D:4.  I learned that in 1971 the City Council voted in favor of permitting the activities that 332-D:1 prohibited.  I am not sure why they no are codified in the City Ordinances.

As it stands, the laws are still active. However, as you well know, law enforcement often utilizes discretion in applying any law given the circumstances or events under which the violation may have occurred, or is occurring.  There is activity afoot to repeal these laws and I have heard no argument against doing so.  As such, the Keene Police Department has utilized the appropriate level of discretion in not pursuing violations of RSA 332-D, and will continue in that respect.

Best regards,

Kenneth J. Meola

Police Chief

I have three observations I’d like to make.

1.  The Chief deserves respect for being willing to admit that he was wrong.  There are seemingly an unlimited amount of laws (most ridiculous) on the books that it would be impossible for someone to know them all.  The paradox I believe that the Chief not being up on the law reveals is that it does not matter whether or not YOU know what the law says as you are subjected to every single one of them at all times.

Legally, the Chief can find a law that he himself didn’t know by randomly flipping through the book and then enforce it on you.  You didn’t know what the law was?  Tough cookies:

626:3 Effect of Ignorance or Mistake. –

II. A person is not relieved of criminal liability because he acts under a mistaken belief that his conduct does not, as a matter of law, constitute an offense unless his belief is founded upon a statement of the law contained in a statute or other enactment, or an administrative order or grant of permission, or a judicial decision of a state or federal court, or a written interpretation of the law relating to the offense officially made by a public servant, agency or body legally empowered with authority to administer, enforce or interpret such law. The defendant must prove a defense arising under this subsection by a preponderance of evidence.

Translation:  Ignorance of the law is not an excuse.

You are expected to know and comply with every single law that the police decide to enforce…  an impossible task.  How is this fair?

2. The Chief says regarding my question about the ordinances exempting the community from the silly Lord’s Day restrictions: “I researched whether the City of Keene utilized the exceptions outlined in RSA 332-D:4.  I learned that in 1971 the City Council voted in favor of permitting the activities that 332-D:1 prohibited.  I am not sure why they no are codified in the City Ordinances.”

Unless these exemptions are codified (words written down on paper) in the city ordinances…  they do not exist and the statewide scheme for regulating the Lord’s Day is the law of the land within the City of Keene.  I think that the Chief’s answer was slightly misleading as it seemed to me that he was trying to claim that his agency is not enforcing the law because of a ghost ordinance that would prevent them from doing so.

3. The Chief states regarding his agency not enforcing this law: “As such, the Keene Police Department has utilized the appropriate level of discretion in not pursuing violations of RSA 332-D, and will continue in that respect.”

My response to this is that they are simply ignoring this law.  Discretion does not mean nullify the existence of law.  Discretion does not mean you can use your own opinion regarding the validity, purpose, or practicailty of a law.

This contradicts the Chief’s assertions on the radio that if they have probable cause that a law is violated that they will enforce it.  It also seems to contradict the first assertion in the Keene Police Department mission statement.

The police CAN and ARE ignoring certain laws.

Chief, THANK YOU for ignoring this stupid law about morality and religion that has no victim.  Were your officers out enforcing it they would be using coercion, threats of violence, and possibly real violence to implement it.  This would make your officers the aggressors against peaceful people.  That would be wrong and you are absolutely right by not allowing it.

Please follow your own example and ignore more stupid laws about morality and religion.

Kudos to FreeKeene.com’s Sam Dodson for mentioning the ridiculous law that the Keene Police apparently have decided to ignore.  This ignoring of a law seems to fly in the face of the first provision of the Keene Police mission statement.

My letter to the Chief is below:

Chief Meola,

My name is Bradley Jardis and, as you know, I am a blogger at the FreeKeene.com website.

I recently heard an interview that you took part in on WKBK.  During the call a fellow contributor of mine at FreeKeene.com called to participate in the interview and he made reference to your department not enforcing the provisions of RSA 332-D.  Your responses to him during this interview have left me with questions regarding the consistency of your law enforcement agency enforcing the law.  I have some questions about this and I would be very appreciative for your response.

Although it is safe to say that at the present time the vast majority of people disagree with many positions our blog takes regarding the role of government, one cannot deny that our website is frequently visited by residents of your community.

QUESTION #1

During the interview you claimed that engaging in sports or business on the Lord’s Day is not illegal.  A clear reading of RSA 332-D seems to conflict with your assertion.  Specifically:

332-D:1 Sunday Work. – No person shall do any work, business, or labor of his secular calling, to the disturbance of others, on the first day of the week, commonly called the Lord’s Day, except works of necessity and mercy, and the making of necessary repairs upon mills and factories which could not be made otherwise without loss to operatives; and no person shall engage in any play, game, or sport on that day.

RSA Chapter 332-D allows individual local governing bodies to exempt their communities from the provisions of this state law.  Specifically:

332-D:4 Exceptions. – Nothing in this chapter shall prevent the governing body of any city or town from adopting bylaws and ordinances permitting and regulating retail business, plays, games, sports, and exhibitions on Sundays. Bylaws and ordinances adopted by the governing body in accordance with this section shall continue in force until altered or annulled by vote of the legislative body.

I’ve reviewed all of Keene’s city ordinances and have failed to find an exemption to the prohibition of activities authorized by the Keene city council.  Does such a bylaw or ordinance exist?

QUESTION #2

State law imposes a penalty for violation of chapter 332-D.  Specifically:

332-D:7 Penalty. – A person who violates any provision of this chapter is guilty of a violation.

Does your police department have the authority to enforce this law?

QUESTION #3

Recently the New Hampshire General Court debated legislation intending to change the requirements of the prohibitions imposed on activities during the Lord’s Day authorized by RSA 332-D.  The General Court declined to make any changes to this chapter leading me to believe that it is the remaining intent of the General Court that activities prohibited by RSA 332-D:1, absent a specific bylaw or ordinance exempting a local municipality from it’s requirements, remain prohibited.  I’ve also examined the history of the chapter and have found no case law or Attorney General opinion declaring that the statue is unconstitutional or otherwise unenforceable by the authorities.

I’ve been to Keene many times on Sundays and have seen numerous violations of this law.  Why doesn’t your police department enforce this law which is openly violated by countless individuals in your community on a weekly basis?

-/-

I thank you for your time in reading and responding to my concerns.  I believe all residents of Keene are entitled to know which laws their law enforcement agency intends to enforce.

Respectfully,

Bradley Jardis
FreeKeene.com

Click here to view the embedded video.

I decided to stop and film the inspection.

More importantly than the filming of a routine inspection itself, I believe, is ensuring the willingness of government employees to accept the fact that the public has the right to monitor the actions of public officials in public.  I was curious to see how the trooper would respond.

The trooper approached me and asked if I was alright.  I remained silent and didn’t respond to her inquiries as to what I was doing.

Instead of calling for backup, shaking me down, or worse, this trooper told me I was welcome to record her.  She asked if I was alright.  Remaining silent, I gave her a thumbs up.  She walked off and continued to do an inspection of the vehicle simply ignoring that I was there in the first place.  I was sure to be standing a good distance away from the trooper so that she would know that I was not intending to interfere.

This is exactly how the police should respond to a member of the public choosing to record them…  in public.

At the conclusion of the vehicle stop I thanked the trooper for being professional and explained that I appreciated her professionalism when presented with a citizen journalist wishing to document what she was doing in public.  She provided me with her business card upon my request.

Today I am sending the following letter to State Police Director/Colonel Robert Quinn to tell him that I appreciated the professionalism of his employee:

Colonel Robert L. Quinn,

On 06/09/10 at approximately 10:20AM I was walking down South Willow Street in Manchester, NH.  As I was walking I came upon a vehicle stop/inspection by one of your troopers near Quirk Oldsmobile.

As an individual who considers himself a citizen-journalist, I decided to stop and film the inspection with my BlackBerry.

As I am sure you are aware nowadays there are countless examples of police agents over-reacting to a member of the public who only wants to film the actions of government agents who they employ.  I write you to make you aware of the professionalism of your trooper in response to my wish to film her public actions.

Trooper Kathleen Murray simply approached me to inquire if I was “alright.”  Choosing to remain silent I gave the trooper a thumbs-up.  Her response was one that I believe you and every member of the public should be proud of…  and demand.

The trooper told me I was welcome to continue filming her and she continued to perform her duties.

At the conclusion of the motor vehicle stop I asked Trooper Murray for her business card.  She provided me with it and this is how I know who she was.

Trooper Murray didn’t overreact.  She respected my rights as a citizen of this state and country.  I only wish that a brief search of YouTube showed that others in law enforcement acted as professionally as your employee did.

I would respectfully request that you extend my thanks to Trooper Murray and consider possibly placing this example of her professionalism when interacting with the public in her personnel file.

I’ve since deleted my video of this incident because there is nothing to report.  Nothing other than my sincere appreciation of the respect I was shown by your employee.  Reporting the positive encounters we have with government representatives is as, if not more, important than reporting the negative.

I intend on letting many people know about the professional and courteous actions I’ve encountered with your agency when you encounter a member of the public wishing to exercise their right of the press.

Respectfully,

Bradley Jardis

I believe our words should be used to punish when we are hurt and even more importantly… to thank when we are treated well.

Today I was pulled over traveling south on Route 3 in Nashua.  I was going 70MPH in a 55MPH zone and anyone who knows the road knows that following the 55MPH limit would be dangerous when everyone is going 70+ around you.  I was just keeping up with traffic and not trying to get somewhere quickly.

The Nashua officer approached me and I provided him with my license and registration.  I then decided to follow my own advice that I frequently provide others when dealing with the police: remain silent.

I was asked to speak several times.  I did not.  I was asked to remove my sunglasses.  I did not.  The officer responded by simply respecting the fact that I was remaining silent and was unwilling to engage him in discussion which could be used by him to justify a further detention or enforcement action.  He took my documentation and returned to his patrol vehicle.  After checking my documentation he returned to me and handed me back my paperwork.  After the officer returned my documents to me I thanked him for being so kind and told him that I meant him no disrespect in my desire to remain silent.

This officer was polite, kind, and respectful to someone who was not complying in the normal ways that people normally do when they are met with a police encounter.  In a day where we see countless examples of contempt-of-cop on YouTube for things as minor as my behavior when stopped by an officer, I think that it is vital to positively reinforce and thank state agents when they behave in a respectful manner.

In this spirit, I am sending the following letter to the Nashua Police Chief:

Chief Conley,

On 06/07/10 at about 9:40AM I was stopped by a Corporal Constintino (I believe I have his name correctly, apologies if I do not) on Route 3 as I was traveling south. I was traveling 70 in the 55 zone.

The reason why I write you is to express my sincere thanks and appreciation for Corporal Constintino’s professionalism. I’d also like to express the level of respect that I believe the Corporal showed to my individual rights as a citizen of this country and state.

During the traffic stop I chose to exercise my right to remain silent and not answer any of your officer’s questions about where I was going or why I was exceeding the posted limit.  Additionally, I chose to not comply with a request of the officer to remove my sunglasses to aid in his ability to identify me from my drivers license.

My decision to not cooperate was not intended as a show of disrespect to your agency or to the Corporal.  My decision to do so was based on the principle that I believe people should refrain from voluntarily giving information to the government when they are detained by force.  This information is frequently used to justify further detention, searching, or enforcement action.

In a day where a citizen choosing to assert their right to remain silent is frequently met with an often unprofessional and distasteful response by law enforcers… your officer responded with kindness and respect.

At the conclusion of the stop I thanked the Corporal for his understanding of my choosing to remain silent.

I believe Corporal Constintino actions represented your agency as a professional law enforcement organization.  This example makes me believe that you demand this type of professionalism by officers under your command.  For this I thank you.

I respectfully ask that you extend my personal thanks to your officer and possibly consider placing my letter of appreciation for his conduct in his personnel file.

I have already made the professionalism of your officer known publicly through my work in liberty-related media at www.FreeKeene.com and it is my intent to continue to tell many people how well I was treated.

Respectfully,

Bradley Jardis

I think that writing letters of thanks and asking that they be placed in an officer’s employment file is something we should do as a matter of normal practice…  and I propose we begin doing it without question from this day forward.

I’d even write the letter for you.  Just ask.

Your fourth visit brings me a loving threat stuck on my front door! <3 <3 <3

I eagerly await the arrival of federal marshals to bring me a $100 fine.

Brad Jardis is a New Hampshire native and is well known for being one of the very first active rank-and-file law enforcement officers to join Law Enforcement Against Prohibition (LEAP) and come out publicly against the insane war on drugs. His work in LEAP resulted in him forming alliances and friendships with many people participating in the liberty movement. Brad admits that many things he did as a police officer he regrets. He hopes that by speaking out on liberty-related issues other law enforcement officers can understand that a society need not target peaceful people for prosecution who break victimless laws and that individual police officials should follow their conscience before blindly following orders handed down by politicians. Now having moved on from LEAP and the world of law enforcement, Brad has decided to blog here at FreeKeene.com!

Click here to view the embedded video.

Click here to view the embedded video.

About 50 people – one carrying an 11-day-old baby – gathered outside the State House yesterday, some smoking marijuana, to advocate the drug’s legalization. It was a typical “420″ event, except no one left in handcuffs.

And that meant no arrest footage for YouTube with headlines like one out of a recent Nashua rally: “Police Attack Freedom Celebration.”

That was intentional.

On Monday, Concord police Chief Robert Barry said his department would treat the rally as “business as usual.” If the station received a complaint about noise or drug use while the rally participants were on city property, officers would respond, he said.

The state police, whose jurisdiction includes the State House lawn, took the same approach. Troopers watched from across the street but didn’t come closer than that. The low-key approach seemed to disappoint some activists.

“Maybe they are going to pick us off one by one as we leave,” one man said to another.

Marijuana enthusiasts have long made their support for legalizing the drug known by smoking marijuana publicly at 4:20 p.m., a tradition with an origin layered in legend.

The rally comes one day before the Senate is set to vote this on a bill decriminalizing small amounts of marijuana. Yesterday’s rally was a double celebration of sorts: It was held at 4:20 p.m. on April 20.

New Hampshire supporters have been holding marijuana protests throughout the state, in Keene, Manchester and Nashua. Yesterday, it was the State House lawn. Gov. John Lynch didn’t respond to a request made by bullhorn to come outside and have a smoke.

Michael Cogswell, 27, Dustin Anderson, 29, and Kelsey Rae Erickson, 21 – students from NHTI – weren’t smoking marijuana yesterday. But they said they’d like to be able to do so legally.

“I really wasn’t a supporter before because we all grew up on DARE,” said Erickson, who went to school in Hopkinton. “They told us drugs were bad. But I smoked (marijuana) for the first time when I was 17, and it made my stomach problems feel better.

“I’ve never been arrested,” she said. “But if I have to get arrested for this, let it be.”

Anderson said he opposes jailing people, especially young people, for marijuana crimes. “I’ve seen young kids who are kind of hippies go to jail and when they come out they are on like 10 different drugs,” he said.

Katie Price, 20 and a respite care worker from Chichester, came to Concord yesterday to show the public that people do support legalizing marijuana. She was holding a sign instead of a joint yesterday.

“If you’re not hurting anyone, what’s the problem?”

A 19-year-old Manchester woman who would only give her first name, Cassidy, brought along her 11-day-old son. She initially hesitated to bring him but then decided the cause was too important to miss.

“The war on drugs is a war on us,” she said. “This is a victimless crime. I believe when there is no victim, there is no crime.”

The country, she said, should be spending its money and energy on something more important than policing marijuana use.

The young mother said she’s given up marijuana since having her son. “I’ve got more important things to worry about now,” she said.

Travis Eden, a 25-year-old web designer from Manchester, was clearly enjoying his marijuana yesterday. He said activists like him have no choice but to hold public rallies because working with legislators to change the law has failed.

“They gave the governor everything he wanted on that medical marijuana bill, and he still vetoed it,” Eden said.

Former Epping police officer Bradley Jardis, 29, of Hooksett, apologized to the crowd for arresting people for marijuana possession during his 11 years on the force. He’s unemployed now and won’t say if he uses marijuana personally.

If he had his way, all drugs, not just marijuana, would be legal, he said. The jails and prisons are full of people convicted of “harmless” drug offenses, he said.

“We should offer (drug users) help, not a criminal conviction that will ruin the rest of their life,” Jardis said.

It wasn’t ash from Iceland creating a haze in communities across New Hampshire yesterday.

April 20, or 4-20, has become known in cannabis-loving circles as the day to “smoke ‘em if you got ‘em,” according to those who gathered in Keene’s Central Square to smoke marijuana in protest of drug laws.

In recent years, pot-fueled rallies have been held across the country to mark the date of 4-20, the numbers that have become a rallying cry among smokers. A rally took place in Concord yesterday on the steps of the Capitol.

Some lit up marijuana cigarettes while organizers with bullhorns, including former Epping police officer Bradley Jardis of Hooksett, cautioned them not to say a word if police came to arrest them.

The 29-year-old Jardis said he is just a free person now “trying to protect the liberties I’ve taken away.”

State troopers watched from inside the State House, but planned no action unless the crowd got unruly.

Police in Nashua and Manchester said they had no reports or complaints about rallies there.

This year in New Hampshire it’s a particularly timely event, since legislators are slated to vote today on a bill that would decriminalize small amounts of marijuana. Gov. John H. Lynch has said he will veto the bill.

About 30 people meandered into Keene’s Central Square to light up at 4:20 p.m. There was no police presence and no arrests were reported.

Rally-goers repeatedly said that otherwise law-abiding citizens are being thrown in jail for using a substance they see as no different than alcohol.

Trevor Wheeler, 20, of Keene, said he comes out at least a few times a week to lend his support to the other protesters. Local Keene protesters have been holding 4-20 rallies, where people gather to smoke, nearly every day since late last summer.

“I believe that unless it hurts someone else, then people should be able to do anything they would like to do,” he said. Wheeler said he’s been arrested four times for marijuana possession since he was 17 years old.

“I have no other criminal record,” he said. “I don’t commit crimes, but I have a record.”

He said he’s been denied jobs and certain scholarships because of his record. Currently he works odd jobs, he said.

Jake Rogers, 18, of Keene, said he, too, has been arrested on marijuana charges.

“I had never even had a traffic ticket before that,” he said at the rally.

“I had to pay a fine,” he said. “Four hundred, twenty dollars; it’s kind of funny.”

Keene resident Aida Burgos, 22, said she wasn’t holding out hope on the bill before the state Legislature.

“I don’t really expect them to do anything positive, even if they pass it,” she said. “Even if they completely legalized it, it wouldn’t be good. It just seems when the government gets into something, it usually doesn’t turn out very well.”

At least one bystander was not amused by the smoke and the commotion.

Ruth Fish, 79, watched from a bench just outside Central Square. She said she has lived in Keene since 1964, and her grandfather, a stone mason, helped to build most of the buildings downtown, she said.

“This is a place that offers so much, it’s such a wonderful place to live,” she said. “I don’t know why they have to do this here. I don’t know why they can’t put their minds and their energy into something that does some good in the world.”

The Associated Press contributed to this report.