City of Keene Executive Branch Acts as Legislative & Judicial, in Clear Violation of Separation of Powers

Attorney Jon MeyerAs previously blogged here, attorney Jon Meyer recently proved in court that the people calling themselves the “City of Keene” have been illegally issuing “no trespass” orders to people they don’t want in Central Square. Now Meyer has filed a motion to dismiss the criminal trespass case against Robin Hooder Graham Colson. In the well-written motion, supportive memo, and supplemental memo, Meyer lays out his case about why the city’s no trespass orders are unconstitutional. In essence, they have no statutory or ordinance-based authority to issue a no-trespass order in response to a skateboarding violation, because receiving such an order is not listed as the punishments for skateboarding in city ordinance – this act is basically KPD making their own law! In addition, the order that was issued by KPD and “the city” violates Graham’s right to due process:

the act of prohibiting Colson from Keene Central Square violates the Due Process Clause because Colson did not have any notice that skateboarding in the Keene Central Square would result in a police order prohibiting him from entering the square.

Meyer also argues the order is an unconstitutional violation of Graham’s free speech rights as it bans him from a public common, historically used to express ideas.

Finally, in the supplemental memo Meyer points out that the no trespass order was issued without any conviction of Graham for his alleged skateboarding violation. In fact, it was issued instead of charging Graham with violating the skateboarding ordinance. This the executive branch, via the orders of Keene boss John Maclean, acting as the judicial and legislative branches. The city council never authorized such a penalty for skateboarding and a charge was never brought before a court, meaning Graham’s due process rights were clearly violated. Legally, Keene police officer Jason Short is only allowed to allege a violation – those charges need to be proven in court. Instead, Short found him guilty on the spot and imposed punishment in the form of the illegal “no trespass” order.

The amount of government malfeasance in this case is astounding.ย  Thank you Jon Meyer.

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40 Comments

  1. Wouldn’t this same idea apply to the other no trespassing orders that have been given out for different locations?

  2. Replace pig with Short. haha

  3. The City Manager concept was intended to conflate legislative and executive. It was a product of the progressive movement, and especially promoted by the Rockefeller Foundation. See my book: Foundations and Public Policy: The Mask of Pluralism. Available in public and college libraries, both great governmental institutions.

  4. When are you clowns going to learn, you can beat the rap but you can’t beat the ride. How incredibly stupid and immature you are to continue racking up petty offenses for what? To prove what? All you are proving is that you are too stupid to understand just how badly you are screwing up your life for the future. Do you not understand that before too long all these equally stupid friends of yours are going to peel away and you will be left standing alone as the Village Idiot. When your scams run out you will see just harsh that arrest record will impact your chances for advancement. Brilliant set of life choices Otis. I see suicide by cop in your future.

  5. 14,786 of 20,000. They are coming! It would be best to move away now. While you still can.

  6. Dream on. Over the past 24 months in Keene, only 930 new residents and most of those have nothing to do with you third-graders. City says 328 moved away so the net is closer to 600 for the year. Not even enough housing to accommodate the influx of 14K new people. You are an idiot.

  7. Can’t find it anywhere. Must not be much of a book. Maybe a pamphlet?

  8. Face Palm.

  9. move to mass ben,, you will fit in better there…plus theres lots of room…plus john kerry is from there

  10. Someone needs to tell Pablo pledges to move is not the same thing as actual moves. You people are morons, mostly undereducated hairy morons.

  11. so when are you leaving the state ben? Do you need help to pack?

  12. No need to move. You clowns are going to all end up in jail or dead, so more room for the rest of us. You know, the ones who actually work and contribute to society.

  13. See, that’s just silly. Statiscally-speaking, libertarians tend to be better-educated and have higher IQ’s than average. If you’re going to attempt to insult folks, at least try to accuse them of something that actually fits, so you don’t look quite so foolish while doing it…

  14. Are you kidding? I have seen the retard Freeman twins in action (Ian and Ademo), Cuntwell with his bullhorn and expletives, Pete “The Munchkin” Eyre, etc. Not very smart people, particularly the fat-ass, jr. college dropout, alcoholic Cuntwell. As leaders of your movement, these dipsh!ts are perfect proof my comments are spot on. “Graduate of the University of Hard Knocks” does not count among true college graduates.

  15. which means your moving,when? PEOPLE WILL HELP YOU!

  16. Don’t need any help. I have a real job and real money. I can hire my own movers. I also have a feeling most of the people you know could not be trusted to handle other people’s property. Would sell it for a bag of worthless bitcoins. I know, I know, you will say BTC’s are trading for $130 right now. To who? Other anarchist suckers. Take some of that funny money to a real bank and see what the exchange rate is. Zero. Shire Shysters.

  17. ok , when you’re moving out of NH please post it here …because people will help u ๐Ÿ™‚

  18. Keene has 30 activists at the most right now. How many hours will you spend online responding to comments when 300 more show up in the next 7 years? Imagine if 3000 do show up? Keene will be overflowing with reason. Imagine the name calling required to keep intelligent debate from occuring then.

  19. Pablo, Keene has zero activists and 30 seriously misguided troublemakers. More will be leaving than joining because the MTM’s currently terrorizing the streets of Keene are too embarrassing to be associated with. The FreeKeene movement is a joke, done in by its own bad behavior. Chalking, bullhorns, harassing small female meter readers, really? You clowns are proud of that? Not a lot of pity for a bunch of white trash crybabies who have never experienced real hardship. Too stupid to understand how the real world works.

  20. Nope, not kidding at all. Only someone who is totally unaware of the real world could even possibly make the sort of ridiculous claims that you’re making.

    The whole, “FSP is a front for the Kock brothers” meme was better. It was at least vaguely believable that intelligent people with jobs and successful businesses might be fronting for some shadowy rich folks. False (not that I’d turn down a million or three, if they were feeling generous), but at least believable.

    And your list of “leaders” is laughable. The individual with whom you seem most displeased was actually kicked out of the FSP. Hardly a good example of a “leader,” eh?

    Your levels of ignorance and bigotry are truly an impressive sight to behold.

  21. Really? What have you contributed to society, pray tell?

  22. If someone will trade $130 for something, then it is worth precisely $130. Basic economics, there.

  23. I must admit. A couple years ago I gave the Keeniacs slim chances of success. But now that I see how scared Ben Harper is I have to believe that the Keeniacs must be getting pretty close. Ben obviously knows more than he’s letting on, and from the desperation in his writing I can only guess that the fascist infrastructure in Keene is in the process of collapsing.

  24. Ben are you on FB. Come find me. Id like to chat with you.

  25. Sorry dude, the image is set. Cantwell, Ademo, Eyre…I had nothing to do with these clowns becoming the face and downfall of the FSP. Flakes of a feather flock together.

  26. Pete Eyre has a Masters degree.

  27. Problem, of course, is that they /aren’t/ the face of the FSP, except in your fever dreams.

  28. If you have a job ben …how can you post stuff on here? because (using your logic) people who have jobs dont have ANYTIME FOR ANYTHING ELSE EVER.. SO THEREFORE YOU DONT HAVE A JOB!… AND ARE A LEACH TO THE REST OF US.. I’m just using your “logic” seeing as,as you always say, you are so much smarter than everyone else..So because you can have the time to post on here ben, ipso facto you are a leach on the hard working ,working man!… YOU LEACH! IM JUST USING YOUR smart genius logis ben…that is in such sharp relief to the rest of us who are so less smart than you /…who is SO smart

  29. David, dickish behavior appears to be the hallmark characteristic of the FreeKeene and FSP bedwetters. There is no logic to your arguments other than Pretzel Logic. I enjoy watching you morons get pounded by the system. You just don’t seem to understand that Money is Freedom and if you don’t have money (like Freeman, Cuntwell, Eyre), you will never be free of your perceived oppression. Go get a job. Make some money and find the freedom you so long for.

  30. go fuck yourself ben ๐Ÿ™‚

  31. When i was banned from the keene jail for a facebook message to Van Wickler, I wondered how it was they could issue me a “punishment” without proving I had committed a “crime”.

  32. Also, despite knowing my legal name, they issued the ban to a fake name ๐Ÿ˜›

  33. Maybe, not really sure if his degrees are legitimate. He has never provided any proof. Doesn’t matter. We do know he was rejected by every law enforcement group he applied with. Why? Prior convictions for drugs and an assault. Not very smart. And that is why he hates the cops. They won’t let him be one. Thank goodness.

  34. I’ll take that as a win. Thank you.

  35. you would….what if i said your mom is a whore…would that be a win too…lmao

  36. You keep dropping a grade with each retort. Started at the fifth-grade level and you are now down to first-grade namby-pamby. Completely ineffectual blather. Another win for me.

  37. Did they issue you a no-trespass order? Cuz, yeah, WOW.

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