Carla Gericke, the President of the Free State Project, is interviewed for an hour on “OverShare Show“, “A podcast and blog dedicated to the pursuit of knowledge, innovation, and TMI (too much information)” regarding Free Keene, Robin Hooding, and the Free State Project.
This column by state representative Mark Warden appears in the Union Leader, where he expresses frustration with the new gas tax and dumb GPS rules:
This year’s New Hampshire Legislature has launched an attack on anyone who drives an automobile. The Democrat-led House passed two major pieces of legislation that will adversely affect commuters as well as tourists visiting the Granite State.
The first is a four-cent (23 percent) increase in the gasoline tax. Driving to work, taking the kids to school and going on a weekend trip will all be more expensive. Then there is the impact it will have on groceries and other products because of the increased cost of transporting goods to market. Trucking and other transportation businesses will pass along higher expenses to consumers.
This gas tax increase will have negative effects on an already sluggish economy. While many agree that the condition of many roads is lacking, it’s not for lack of funding. The problem with this new legislation is that the money is diverted to other uses that benefit drivers in other parts of the state (such as the I-93 widening project). Only 12 percent of the new revenue is earmarked for grants to municipalities.
The case dates back to 2010 where Carla was arrested for recording a traffic stop in Weare (home of notoriously corrupt police who have arrested other activists for the same). Police dropped the charges against Carla before trial, which included a “wiretapping” charge. Carla, with the help of liberty attorney Seth Hipple, sued in federal district court. Her suit alleged the Weare police violated her rights, particularly those ostensibly protected by the 1st amendment to the US constitution. Weare PD motioned the district court for “summary judgement” based on claimed “qualified immunity” protecting the officers from liability. The district court denied them qualified immunity, so Weare’s attorneys filed an “interlocutory appeal” to challenge the district court’s decision.
The 1st Circuit US Court of Appeals is the same court from which the Glik decision emanated. Glik is cited multiple times in the 21-page Gericke decision as evidence that the right to record government workers, especially police, is protected by the 1st amendment. The court’s decision makes it clear that the officers do not have “qualified immunity” because they, were they acting as reasonable officers, should have recognized Carla’s right to record the scene.
The appeals court ruled in Carla’s favor and now the case goes back to federal district court to proceed ahead in civil court, with the officers not protected from liability by “qualified immunity”, a protective shield typically given to bureaucrats supposedly to protect them from personal liability from mistaken decisions. Unless the case is settled by the town of Weare or PD, it will proceed. Stay tuned for the latest.