Earlier this year, I was surprised by the state police with an arrest for “unsworn falsification” and “prohibitions”. Essentially, they were charging me with two class A misdemeanors for filling out their driver’s license application incorrectly. As it turns out, had I filled it out the same way two days prior, it would have been completely legal. Despite referring to me as a “customer”, they treated me like a criminal rather than simply helping me correct the mistake, as any actual business would who cares about their customers.
They alleged I used a “false” name, my given name of Ian Bernard, to apply for their license when I apparently should have used my now “legal” name of Ian Freeman. At no point until my arrest was I given any indication that this was illegal. The ladies at the DMV were aware of my use of both names, and happily processed the application. I attempted to make it clear during the trial that I did not knowingly use a false name, as I don’t consider my given name to be false, nor was I attempting to defraud anyone. No one has claimed I’ve defrauded them, ever. I honor my word, regardless of the name I use.
None of that mattered in the decision that came by mail after the trial, which found me guilty on both counts. Sentencing is still to come, but I’m facing as much as two years in prison. The last time I was in jail was 2011 for the civil disobedience of blocking a police car when they were attempting to arrest a peaceful woman for drinking alcohol in Central Square. In that case I was sentenced to 90 days in jail and nine more months suspended for two years. Will judge Burke decide that these ID “crimes”, which have no victim, deserve a more serious punishment than civil disobedience? Stay tuned here to Free Keene to find out.
It always catches me by surprise when a public official continues to express belief in an incorrect analysis of law. Yesterday afternoon in Keene, a chalk artist was approached by a bailiff who exited the front doors of the court to issue a pseudo-order to stop chalking. Classifying the chalking as ‘disorderly conduct’, a vague legal term to which chalking does not apply, the authority figure retreated when questioned about his statements and suggested that he would contact Keene police. A KPD SUV rolled by, and another officer walked past the chalking and into the courthouse, but no further action was taken. And, the chalking remained over 24 hours later!
I suppose this was simply an incident in which one bailiff had an incorrect interpretation of the rights of people to express themselves. It was respectable to see the issue dropped once the false information was corrected. One longs for a day when chalking itself does not cause such an elevation of the emotions for bystanders and authority figures.
Following the victory of the Merry People at the New Hampshire superior court level, Robin Hood of Keene is now scheduled for another decisive win over the conniving legal team calling itself ‘The City of Keene’ — this time at the state’s highest court, the Supreme! On Wednesday, October 15 at 9:30am, attorneys for the city as well as Robin Hood’s legal counsel will present brief oral arguments in support of their filings regarding the appealed case which was heard over the course of three full days last autumn. While one robed person entertained the narrative last time, on this examination, there will be no less than five dark-clothed individuals asking questions and formulating opinions regarding the legal parameters of the whimsical case.
As many stories that reach NH’s only appellate court resonate, this case has also prompted amicus curiae briefs from the New Hampshire Civil Liberties Union in support of ‘Hooding and an opposition brief filed by the ominous New Hampshire Municipal Association. The location of the Concord court and details of their process are listed on their website.
Derrick J was denied his right to concealed carry in New Hampshire and this is the first hearing regarding that appeal where judge Burke tries to figure out how to punish “the court” for failing to meet a statutorily proscribed deadline:
As you may recall, Derrick J was recently and arguably illegally denied the so-called “shall issue” concealed carry permit by Keene Police “chief” Ken Meola. Right now Kenny is sitting in Keene district court, presumably waiting to testify as to why Derrick J is too dangerous (or something) to carry a firearm concealed. Derrick J has hired attorney Evan Nappen to handle the case. Full hearing video to come later. For now, here are live tweets from Darryl W. Perry: (more…)
Ministers of three New Hampshire churches have filed tax exemption appeals with the Cheshire and Grafton superior courts. Peaceful Assembly Church, Shire Free Church: Monadnock, and Church of the Sword were each denied tax exemptions for their properties. Peaceful Assembly sought an exemption for their church building, while the other two sought exemptions for parsonages.
Brandon Ross, the attorney for Peaceful Assembly Church, was surprised by the town’s decision to deny exemption for their church building in Grafton, pointing out, “Peaceful Assembly Church has been around for several years. Seems plain as day they’re entitled to the tax exemption.” According to the filing by Ross in Grafton superior court, “the Grafton Selectmen argued that Peaceful Assembly did not ‘do enough’ for the community to earn a tax exemption (perhaps incorrectly believing that [tax exemption is] a quid-pro-quo arrangement).”
The filing adds, “the Town’s tax assessing agent, Avitar, basically recommended that the exemption be denied because they weren’t an IRS recognized church.” Of course, there is no requirement that a church apply for IRS recognition within NH statutes, nor should there be. Churches do not need government approval to exist and to be tax-exempt.
The ministers of the Shire Free Church: Monadnock argue in their appeal filed in Cheshire superior court that Keene tax assessor Mary Ann Robator engaged in viewpoint discrimination when she said, “When you refer to activists, I think that flies in the face of your church status.” (more…)
