The city appealed to the NH supreme court which ultimately upheld the superior court’s dismissal except for one part. They affirmed the lower court’s ruling to dismiss based on free speech grounds, but said the superior court needed to look at the request for the “buffer zone” injunction separately from the allegations of “tortious interference”, “civil conspiracy”, “negligence”, and the demand for financial compensation, all of which the city failed to prove to the court’s satisfaction.
Thankfully, the superior court agreed with attorney Meyer’s arguments and denied the city’s request for any injunction against us whatsoever! This effectively kills their case, unless they decide to continue spending ridiculous amounts of taxpayer money to appeal this latest failure to the NH supreme court.The city, which had originally wanted a 50 foot floating buffer zone around each enforcer that would prevent all speech and recording by the Robin Hooders, had whittled that down over the 2.5 years this has been in court to a 5-10ft zone that would only be temporary and only if the parking enforcer requested said distance from the Robin Hooder. Mind you, we generally do not wish to be so close to them – it’s best to fill meters at a greater distance, so as to have enough time to fill the meter and leave the Robin Hood calling card on the windshield, BEFORE the parking enforcer catches up to us and gets ahead. That would mean she could successfully write a ticket if she gets ahead, so having distance is my goal, but the enforcer is constantly trying to close that gap, so sometimes we do get within ten feet. That would mean that such an injunction (besides being unconstitutional) would also prevent us from Robin Hooding, as anytime the enforcer managed to close the gap, we’d be subject to arrest for “contempt of court”.
In a fifteen-page order issued on 11/20, Kissinger writes of the city’s request for injunction:
The Court cannot conceive of any more narrow or alternative relief that would provide any meaningful protection to the PEOs without running afoul of the Respondents’ First Amendment rights…the government interests here are not sufficient to warrant an infringement on the Respondents’ First Amendment rights. Any injunction requiring a buffer zone of any meaningful distance would require a significant change in the method used by the Respondents to disseminate their protected speech.
So, despite the city’s interests in their parking enforcement continuing unabated, their significantly-reduced proposal for injunction is still beyond what is constitutionally permissible, and further, the court could not think of any lesser restrictions that would pass constitutional muster.
Kissinger, in his conclusion, does remind the city that if Robin Hooders’ conduct is rising to the level of violating criminal statutes, that they can bring such charges. Of course, the reason they never have brought criminal harassment or assault charges is because Robin Hooders are peaceful. There is zero evidence of “harassment, threatening, or intimidating” – the claims the city has long libeled us with throughout this lawsuit.In a classic case of projection, the people in this who are actually harassing, threatening, and intimidating others are the parking enforcers. They harass, threaten, and intimidate the good motorists of Keene six days a week by giving them threatening tickets for just trying to do some business downtown. Those tickets threaten, intimidate, and harass their victims into paying their fines so as to avoid the threat of having their car stolen. Talk about intimidation! This is why Robin Hood of Keene exists – we are here to save people from having to deal with the city’s threats. That’s always been the primary motivation, at least for me. I certainly don’t speak for everyone.
If the parking enforcers don’t like being called out for their threatening, intimidating, and harassing behavior, they should get jobs in the productive economy. Until the city council ends the parking department and turns over the spaces to downtown businesses to decide how to administer, per market forces, Robin Hooding will continue to rescue peaceful motorists from the threats of the city government.
The city has 30 days to appeal this latest failure. Stay tuned here to Free Keene for the latest.