Two days ago I posted a blog which included a letter I sent to the Keene Police Chief regarding a question as to why his agency is not enforcing the state’s prohibition on activities during the Lord’s Day.
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 It was my belief at the time that these laws had been repealed only to later learn they had not.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. MeolaPolice 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:Â 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.
