State Rep. Mike Sylvia is no stranger to civil disobedience.
In a slap in the face to the idea of property rights a robed man from Belknap’s “superior court” has ruled against A+ rated liberty state rep Mike Sylvia for living on “his” property. This week, nearly two months after a civil trial, James D O’Neill III issued a 15-page order, ruling in favor of the Belmont town gang, awarding them legal fees and further ordering Sylvia to no longer stay at “his” property.
I previously reported on this case here at Free Keene in 2018, but here’s a quick rundown on the case history: Sylvia purchased the property in question after the home burned down in 2009. The only standing building left was a garage. Sylvia parked an RV on the property as he worked on the property but soon found himself being stalked by a “zoning enforcer”, Steve Paquin. Paquin, apparently on orders from the city council to target Sylvia, would regularly drive by and creep on Sylvia, observing smoke coming from a chimney on the garage and footprints in the snow going from the RV to the garage. Paquin even speculated about Sylvia’s bathroom habits, his reports ultimately leading to the town gang issuing Sylvia threats demanding hundreds of dollars per day in fines for violating their precious zoning rules.
According to the “Town of Belmont” criminal enterprise, they have a right to destroy people’s lives and steal their wealth because some strangers wrote some words on paper and called it “zoning”. According to these arbitrary rules that none of us agreed to, the town gang says you must ask their permission before laying down to sleep in what you thought was your property, since you know, you paid for it with your hard-earned money.
Zoning thug Steve “Creeper” Paquin wants to watch you on your property.
But no, you don’t actually own your property. Ownership is proven by control. If you don’t control a thing, you don’t own it. Sylvia’s case proves clearly again that the group of strangers called “the state” actually owns all the property. You can’t do what you want without asking their permission, including simply existing on it. Asking permission is evidence that you are not exercising a right, but begging for a privilege. Begging is not the way of free people, nor the actions of an owner.
Sylvia acted like he owned the land. He, correctly, doesn’t believe he should have to ask permission to live a place he should have a right to be. Sadly, there are men with guns calling themselves “the Town of Belmont” and “State of New Hampshire” that have decided to force their beliefs down on Sylvia and all the rest of us who believe in property rights.
Judge O’Neill’s order prohibits Sylvia from “occupying the garage and/or recreational vehicle” unless he is given a permission slip from the town. He’s further prohibited from using a “water appliance or fixture” on the property until a “compliant septic system” is installed. The hundreds of dollars a day in fines the town has assessed against Sylvia and the property were ordered held in abeyance and will only be imposed if Sylvia disobeys the robed man. Sylvia has however been ordered to pay the town gang’s legal fees, for which they’ll present an invoice for some likely ridiculous amount.
What is the state gang’s excuse for their violence? Besides their obvious thirst for obedience, compliance, and control, they would argue that there’s some kind of danger to public health because the garage doesn’t have a septic system. Ignoring the fact that RVs have their own waste tanks that can be safely disposed of, the property is wooded. Sylvia even asked the creeping zoning thug during trial if he was aware of an old outhouse that was in the woods. Even if there isn’t an outhouse and Sylvia was pooping directly in the woods, so what? Are we supposed to believe that human feces is somehow more dangerous to the neighbors’ property than all the bear, moose, dog, and other animal dung that’s left throughout the woods?
Robed man James D O’Neill III says the state owns your property.
Sylvia believes that he was targeted by the town gang specifically because of his actions as a state representative. One less-discussed responsibility of New Hampshire’s state reps is they also make up the “County Convention” which controls the county taxes. Given he’s an award-winning state rep, rated A+ for liberty votes, Sylvia is a threat to the county’s budget as he will not vote to raise taxes. Therefore he was targeted by the town gang for retaliation.
Arguing this in court didn’t help, of course, because the man in the robe is paid by the same state gang that targeted Sylvia in the first place. But no, that’s not a conflict of interest. Sylvia also argued that Paquin couldn’t prove he was actually sleeping or pooping on the property, but that doesn’t matter in civil court, where the court decides based on the “preponderance of the evidence”, not the criminal court standard of reasonable doubt. Therefore, the testimony of the sole creepy witness was sufficient for the court to rule against Sylvia.
Zoning is a nightmare for anyone who believes in property rights and the only solution is to abolish it entirely statewide. We’re going to need a lot more libertarian activists in New Hampshire before that can be done. Meanwhile, Sylvia has literally been kicked off what he believed was his own property by the people calling themselves “the state”, and thrown out into the cold.
Sylvia told me in an exclusive interview, “Property rights, according to the judge don’t really exist”. He says he was unable to find any cases where property rights have been looked at by the NH Supreme Court and is not sure whether or not he will be appealing the decision. He’ll be considering future action legislatively to address the corruption in town governments. You can read his response to the ruling here on his blog. Stay tuned here to Free Keene for any further developments in this case.
It has been 7 years. No arrests, no nonsense. Just normal everyday living. I reached out to a consulting firm to help me with some business I am conducting, and part of their introduction letter informed me that they can’t do business with anyone who has a criminal record that hasn’t been annulled. So I looked into what it takes to do that. It took me about a week to figure it all out from reading the law and the paperwork, filling it out, calling the court clerks, and making sure everything is in order. It boils down to this:
You have to wait a certain amount of time after your final sentence, depending on the severity of the crimes. Then you can file for annulment, meaning they get “erased” from your record. (They still appear when searched, but a note is made that these have effectively been nullified since I have been rehabilitated for several years.)
I can file to annul multiple charges at once, so I filed to wipe out 14 of the charges that I had in District Court, and 2 that I had in Superior Court. It costs $125 per court, so $250 total. Later, there may be a separate fee from the Department of Corrections or other agency if they need to do some work to help get this settled. They tell me the whole process takes about 3-4 months.
At the end of it, though, I should have some kind of certification that I am no longer considered a criminal in the eyes of the State. That is good because it will allow me to do business with more people and afford me more freedom generally. If all it takes is filing some paperwork, paying a fee, and waiting, I say it is worth it. I will keep you updated on how it goes!
Mike Sylvia takes a photo with supporters outside court.
State Representative Mike Sylvia is the liberty “Legislator of the Year” for 2018 according to the NH Liberty Alliance. Of course, because he’s a peaceful threat to the legitimacy of the state, he will inevitably be targeted by state violence. Hence, the people calling themselves the “Town of Belmont” have forced Sylvia into court and are threatening to hit him with $275 a day in fines for allegedly violating the town gang’s arbitrary “zoning” rules.
The town gang’s zoning thug, Steve Paquin, testified under oath that the town selectmen had sent him to target Sylvia and even admitted there had not been a single complaint against Sylvia or his property by any neighbors. The only complaints came from within the town gang’s “selectmen”.
What’s all this about? The gang is alleging Sylvia is living on his property in an RV or the garage. Yes, that’s right. They are threatening him with violence because he’s allegedly living… on his property.
Apparently the main house burned down in 2009 before Sylvia bought it in 2011. The zoning goon claims that because he’s seen Sylvia exiting the door of the RV, observed shoveled walkways during winter, and smoke coming from a chimney on the garage, that he believes Sylvia is living on the property. Apparently living on one’s own property is not allowed within the gang’s territory, unless one has begged for permission from said gang first.
It’s an outrageous case and another example of how zoning is used to target people the town gang doesn’t like and further proof that one doesn’t actually own their property. If another group of strangers can come along with armed men and tell one what one can and can’t do with it, it’s clearly the property of the gang.
Below is the full court hearing on the town gang’s request for a preliminary injunction against Sylvia. Judge James D. O’Neill III took the evidence and testimony under advisement and will issue a ruling on whether or not to grant the town their preliminary injunction before the full trial in civil court. Thanks to Bill D. for the video:
At one point the town attorney tries to call Sylvia to testify and he smartly objected based on the NH Constitution’s Bill of Rights Article Fifteen, which says “no subject shall… be compelled to accuse or furnish evidence against himself”. The judge sustained his objection and he did not have to take the stand, though the robed man didn’t sustain any of Sylvia’s other objections while sustaining nearly all of the town’s attorney, in a typical hearing that favored the state.
All men have certain natural, essential, and inherent rights among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness.
Zoning is not only unconstitutional, it’s also immoral and should be abolished statewide. Property owners should be free to do what they want, so long as they don’t infringe on their neighbors’ similar rights to do as they please. That would be live free or die. Stay tuned here to Free Keene for the latest on this outrageous property rights violation.
Think you have a right to privacy? Think again. These bureaucrats think they own your dog and will prosecute you over a $4 dog license in New Hampshire to prove it. Cop Blockers Michael and Angie Gordon of Alstead took a ticket for an “illegal” unlicensed dog to Keene District Court. They lost, but made the bureaucrats work to get their coerced money. Kudos to them for standing up against the oppressive police state where not even dogs are safe from state regulation. Here’s the full video:
Vehicle inspection is nothing more than a racket for auto shops being operated by the people calling themselves the “State of New Hampshire”. As Free Keene blogger Conan Salada points out during his testimony at trial this week, the auto repair shop he went to gave him quotes for what Conan determined were unnecessary repairs in order to pass the vehicle inspection. This happens to people all the time and allows unscrupulous auto repair shops to take advantage of ignorant drivers.
Meanwhile, the crime gang known as the State of New Hampshire continues to prosecute and convict people for taking care of their cars how they want. Here’s the full trial video from this week in Keene District Court. Conan is ultimately found guilty and sentenced to a little community service:
New Keene District Court Judge Erin B McIntyre Smacks Down Prosecutor
Keene, NH business owner Christopher Waid received a parking ticket when he was downtown in late 2017 and immediately went to the parking department in the city building to demand his right to a trial. While inside the building, he received a second ticket on his car! He also immediately filed for his trial on that one. The double ticket trial was slated for early April and would involve two of the three Keene parking enforcers, meaning they couldn’t be on the streets victimizing other peaceful motorists if they are sitting in a courtroom! Even if Chris had lost the trials, just keeping the enforcers off the streets for a couple hours is a win on its own.
Chris entered the Keene District Court to face down the charges on April 9th and emerged victorious, with both tickets dismissed by new Keene judge Erin B McIntyre. (Longtime district court judge Edward J Burke is recently semi-retired and is only doing fill-in work.) Chris brilliantly challenged both parking tickets on technicalities. The first ticket was thrown out by McIntyre because the location of the alleged offense was not correct and the second ticket was tossed because parking enforcer Linda Desruisseaux lazily cited the wrong section of city code. Many judges would have simply allowed the prosecutor to amend the tickets upon request but McIntyre wasn’t letting the prosecutor have any slack! The exasperated Keene police prosecutor, Eleanor Moran, upon the second dismissal vowed she’d be filing a motion to reconsider, however she never did, according to court records. Here’s the full trial video:
There are a couple of important lessons here. (more…)