by Nick Ryder | May 1, 2009 |
This brief report is to update people on the happenings of the May 1 trials at Keene District Court.
Mike Barskey’s charges for organizing Freedom Fest were dropped prior to the trial. Andrew Carroll was found guilty for possessing marijuana, and will likely turn himself in to the jail on Monday instead of paying any fines. In addition, many activists refused to stand as Judge Burke entered, and it was not even mentioned.
Video will be forthcoming tonight and throughout the weekend.
by Nick Ryder | Mar 5, 2009 |
Other stories on March 3rd were heavily overshadowed by Dave Ridley’s videography arrest. However, the stories of Andrew Carroll and Mike Barskey took another step forward on Tuesday. Both activists pled not guilty to their respective charges, and have trial dates set for May 1, 2009.
Andrew Carroll was arrested for holding marijuana in protest, and Mike Barskey is accused of breaking city ordinances by organizing the Keene Freedom Fest without a license.
by Ian | Feb 2, 2009 |
Liberty activists called WKBK’s Talkback the past two Saturdays and discussed education, development, the city prosecutor’s aggression against Freedom Fest organizer Mike Barskey, and public areas. Listen as host and city councilor Cynthia actually claims that local laws trump the constitution! Plus, this week’s featured statist caller claims all Free Staters are violent because one of them made a mistake in his past.
The statist also makes an observation that liberty-oriented callers to the show have dropped off, and he’s right. Over the past two weeks, only OTN’s Sam and I have called. The unfortunate fact is, the authoritarians are still the bulk of call load on this show. If you are awake on Saturday mornings, we could really use your help! Please join us in calling the program with a pro-liberty viewpoint. Get details on when and how and discuss with other activists on this Free Keene forum thread.
Download the MP3.
by Nick Ryder | Jan 29, 2009 |
Mike Barskey, the organizer of Keene’s Spring Freedom Festival, reports that he was recently approached by law enforcement in his hometown of Derry, NH. The officer dropped a piece of paper in his car, saying it “was a “complaint” from Keene PD regarding not having a permit for assembly.” The City of Keene recently dropped charges against FreeKeene’s Toby and Ian for the same offense of “Assembly without a permit.” They are now moving against who they deem to be the actual organizer of this constitutionally protected event.
ACCORDING TO THIS COMPLAINT, Barskey is accused of being in violation with the following Keene Ordinance
ARTICLE XI. OUTDOOR EVENTS*
__________
*Cross references: Environment, ch. 38.
State law references: Open-air meetings, RSA 286:2 et seq.; shows, carnivals, RSA 321-A:1 et seq.
__________
DIVISION 1. GENERALLY
Sec. 46-621. Description.
Outdoor periodic events shall include athletic exhibitions, public dances, circuses, carnivals, live performances, exhibitions, promotional activities and any similar periodic activity open and available to the public which is conducted outdoors. For the purposes of this article, “promotional activities” shall not include promotional sales activities which are held at the normal place of business of the sponsor unless they are activities of a type that involve exhibitions, public dances, circuses, carnivals, live performances and other activities of a similar type which do not relate directly to the sale of the product of the business.
(Code 1970, § 1814.0)
Secs. 46-622–46-640. Reserved.
DIVISION 2. LICENSE
Sec. 46-641. Required.
Any person who wishes to have an outdoor event as described in section 46-621 shall obtain a license from the city clerk.
Sec. 46-642. Fee.
The fee for a license granted under this division shall be as set forth in the schedule of fees in appendix B to this Code for the duration as specified on the license for activities of a commercial nature. However, no fee shall be required for activities conducted by charitable organizations, by governmental agencies, by neighborhood groups, or by religious organizations, unless such activity is generally considered to be a commercial enterprise.
(Code 1970, § 1814.0)
Secs. 46-643–46-670. Reserved.
While deciding whether Mike deserves this harassment or not, I encourage readers of this blog to consider not whether Mike has broken the letter of the rule, but who the rules are meant to serve. While ordinances often have good intentions behind them, only innocent people have been caught up in them this time. Freedom Festival was held on public, taxpayer owned land. Requiring additional work and money to get a license to use the land serves nobody but the City. When the government ceases to serve the people, and only itself, it deserves resistance.
Mike’s appearance date is set for the same day as activist Andrew Carroll’s. Stay on Freekeene.com for updates as that date arrives.
by Ian | Nov 23, 2008 |
This just in from KPD’s Sgt. Eli Rivera: He is dropping the unlawful assembly charges against Toby and I! Here’s some speculation as to why. Perhaps they realized they had no case. The regulations clearly state that permits are only for those that intend to exclusively use certain “public facilities” like electricity for a specified period of time in a specific location. Therefore, even under their own rules (and ignoring the pesky Constitution, of course) it’s quite clear that simply assembling in a public place does not require a permit.
Perhaps another reason they decided against it was because they felt as though too many activists might come out and refuse to stand for “justice” Burke in protest of his recent crackdown on courtroom sitters. (more…)
by Dale Everett | Nov 8, 2008 |
On Sunday, October 26th, a bunch of different folks interested in promoting liberty gathered (assembled, if you like) in Keene, New Hampshire’s public Railroad Square for what was commonly referred to as The Freedom Festival. A week later, I did this interview with some locals who have been performing for tips in Railroad Square for about 10 months. They’re considering the name Z Squared but haven’t decided yet. I wish them well and hope the police continue to leave them unharassed.
https://www.youtube.com/watch?v=YM872g-Ww8I
Here’s a little more about Freedom Fest. Two bands decided to show up and provide entertainment and there were a number of booths up for people interesting in learning more about various freedom movements in New Hampshire, including yours truly and groups like NH Common Sense, NHLA, New Hampshire Free Press, The Red Amendment, and The Liberty Scholarship Fund. I know I’m forgetting someone. About an hour into the event, police showed up and started asking individual participants if they had gotten a permit to be in this supposedly public place. The term “public property” seems like an oxymoron to me. Property implies the ability to exclude others from the use of that property. Therefore, the enforcers “own” public property; not us. The Freedom Festival is just another demonstration of this fact.
The band I interviewed in the video has been playing unharassed for about 10 months in the same location, usually using the public power. In case you think this is an issue of size or numbers, there’s no evidence to support that. There’s nothing about size or numbers in the ordinance that was the supposed reason we were being ordered to leave under threat of citation or arrest. Also the police were going around to each booth or band and asking for a permit, most of which were no more than one or two people, no different than the band playing for tips a week later, so by their own actions, it was not about numbers. The Z Squared band has gotten occasional noise complaints from local businesses but the police decided to pardon them. I think it’s silly, frankly, to complain of noise in a business district in the middle of the day in a location that’s known for having live bands and other public events, but the point is Freedom Fest got no such complaints from locals apparently. The police were asked if anyone had complained and the only answer seemed to be the enforcers themselves.
The laws are weapons in the hands of the people in power. You have free speech on supposedly public property IF they like you and IF they don’t mind what you’re saying.
