Judge Finds Free The Nipple Laconia Ladies Guilty; Appeal Vowed

Free the Nipple Hampton 2015

This is a crime? – Hampton Beach “Free the Nipple”, 2015

Today was the day of the latest “Free the Nipple” trial in New Hampshire’s Laconia district court. Though the ladies who protested the nipple ban in 2015 were found not guilty after a hilarious trial that I captured on video, this time around three of the ladies were found guilty for a topless event that happened in Laconia early in 2016. Both seemingly conflicting verdicts were given by the same judge. The ladies and their attorney intend to appeal.

Unfortunately I was not there to record today’s trial due to a car breakdown. I was told it was a very short event, as all the testimony in the case was given by the witnesses in a prior hearing in October on a motion by defense attorney Dan Hynes to dismiss the case. Thankfully, Free Keene blogger and legal expert Melanie Johnson was at the original hearing in October to take notes.

Though the very same judge, James M Carroll found the ladies who were topless in 2015 in Gilford not guilty on a technicality because NH is not a “home rule” state, this time he found the Laconia ladies guilty! Heidi Lilley, Kia Sinclair, and Ginger Pierro were sentenced to a $100 fine suspended given 12 months of good behavior.

Judge James M Carroll of Laconia District Court

Judge James M Carroll of Laconia District Court

In November of 2016 Carroll denied Hynes’ motion to dismiss saying that Laconia prosecutors had found an “enabling statute” that allowed the city to ban toplessness.

Since New Hampshire is not a “home rule” state, cities and towns are only supposed to be allowed to make things illegal that they’ve been enabled to prohibit specifically by the state legislature. According to the Concord Monitor’s Nick Reid, the prosecutors argued that RSA 47:17:XIII grants the town the right to regulate female toplessness. The statute does say that cities and towns can,

“regulate the times and places of bathing and swimming in the canals, rivers and other waters of the city, and the clothing to be worn by bathers and swimmers.”

Attorney Hynes, who is also a state representative, told me he’s disappointed in the court’s decision and intends to file an appeal with the NH supreme court. He’s previously stated the statute is unconstitutional and that he doesn’t believe banning female toplessness was the legislature’s intention. He says he’ll also be supporting legislation in 2018 to repeal the statute in question. Stay tuned here to Free Keene for the latest for this important equal rights case.

Today in Recent History: Laughing at the Police State

On this date ten years ago, two artsy Boston residents faced down a militarized police bomb disposal unit, who were accusing them of faux terrorism, and took the opportunity to shift a discourse dominated by paranoia into one revolving around hairstyles of the 1970s.

The United States was in a transitional period in the years following the September 11th attacks. The military industry, both at home and abroad, had found its justification for massive expansion through the impending fear of another devastating attack on civiliansbombsquad_boston by a malicious, and presumably foreign, entity.

Following a morning of alerts, warnings, and hyperbolic reactions to glorified lite-brite displays in Boston, the media prepared to depict the first public images of the mysterious humans allegedly responsible for the panic. As the youths emerged from the courthouse with a lawyer in tow and graciously opened up a press conference, it was clear that journalists had expected different personas from the “suspects”, as one perceived a failure on their part to be, “taking this seriously”.

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VIDEO: NH Cops Use Excessive Force In Front of Angry Crowd

Social media is abuzz as video has been shared of Kristopher Kristolaitis being attacked by police Sunday night at Mr. Mike’s convenience store in Winchester, NH. According to an interview for Free Keene with Kristolaitis, his assailants included officer Michael Paul Laska of Winchester Police, as well as corporal Joshua Murray of Hinsdale police and a third as-yet-unidentified officer. Both Laska and Murray are former Marines. The victim says that WPD’s Laska was the hothead in the video, shouting at the frustrated, angry crowd at one point to “GET BACK!”.

Witnesses say Kristolaitis was arguing with another man, Billy Hillock, when someone called over police. Police eventually responded once Winchester firemen came over to see what was going on. Apparently the firemen were there already on an unrelated situation. As Hillock attempted to leave, police questioned him and let him go, prompting Kristolaitis to ask why. (Hillock is an auto mechanic who happens to work on Winchester PD’s cruisers. Things that make you go hmm…) A Hinsdale officer then asked him his name, to which he responded by saying he’d provide once the officer explained why he let the other man leave. During this interaction, officer Laska approached Kristolaitis from behind and handcuffed him on one wrist without ever telling him he was under arrest. The witness says this is when the video begins. (more…)

Introduction to Voluntaryism – Panel Discussion Video

This week I had the pleasure of being invited to participate in a panel discussion about voluntaryism on YouTube channel, “No More 2 Party System“. Host Jeff Justice had several voluntarists on his show to talk about what voluntaryism is, including Tatiana Moroz and Jeffrey Phillips. I was able to join the discussion about an hour in due to my studio being occupied by Free Talk Live when they started at 9pm Eastern.

https://youtu.be/M7x-ae2hJXM

Of course I strongly encouraged voluntarists, libertarians, and liberty-loving anarchists to move to New Hampshire. I highlighted how awesome it is to live in a place where not only are you already more free than anywhere else, but where libertarians are actually getting elected.

My optimistic message of migrating to NH with the highest concentration of liberty activists in the world stood in stark contrast to the other guests’ opinions. The others were all spread out in other places with no real hope for liberty in their lifetimes. Their positions were understandably critical of getting involved in the system (they don’t know that the system can actually be changed here in NH). Some panelists supported just trying to run away from the state or improve one’s own individual wealth and happiness where they are. (more…)

NH Supreme Court Rules Fully in Favor of Keene’s Robin Hooders!

Robin Hood

Vindicated!

More than three years after the City of Keene filed suit against Keene’s “Robin Hooders” (the activists who’ve saved motorists from thousands of parking tickets by feeding expired meters), the case has finally come to a close – at least within the New Hampshire court system. In a short four-page order issued just before Christmas, the NH supreme court affirms the Cheshire superior court’s decision to deny the city’s request for an unconstitutional injunction they’ve been begging for since 2013:

taking into consideration the governmental interest that would be served, the trial court weighed the benefits of the requested relief against the effect that relief would have on the respondents’ constitutionally protected speech, and, based upon the factual record before it, exercised its equitable discretion to deny the proposed injunction.

We won! (Again!) Presuming the city gang does not decide to continue lavishing taxpayer dollars on their expensive private attorneys to take the case to federal court, it should end here. We’ve yet to see the total cost of the several court appearances the city has made, but then-city-manager John MacLean admitted in 2013 that the first round (of four) cost about $20,000. Their private attorneys billed them so much, that on this final round at the supreme court they were claiming to have taken the case “pro bono”. Another way to say that is that the city paid tens-of-thousands for the first three rounds in court and got the fourth free.

James Cleaveland, Attorney Jon Meyer, Ian Freeman

James Cleaveland, Attorney Jon Meyer, Ian Freeman

All the while free speech attorney Jon Meyer of Manchester truly did take the Robin Hooders’ case pro-bono, the entire time. His talent is legendary and he not only brilliantly defended the peaceful activists but proved without a doubt that the city’s parking enforcers were dishonest and ridiculous. There was never any evidence presented that the accused Robin Hooders had “threatened, intimidated, or harassed” the city employees. As if to prove how ridiculous their claims were, parking enforcer Jane desperately stated that anything Garret said, even talking to her about the weather, she considered to be “taunting”. It was laughable but also very serious – the city gang was lying to try to get the judge to order us to stay 50 feet away from the enforcers. (more…)

UBER Grandma Interviewed After Facing Down $6,500 in Fines for Civil Disobedience

Tuesday morning the saga of UBER Grandma came to a close at Portsmouth district court. Stephanie Franz’ trial was scheduled for seven tickets she’s received since October of 2015 for the horrible crime of driving people places without a government permission slip. Rather than thank her for providing the service of getting drunk people home alive (and stopping them from driving themselves home drunk), the “City of Portsmouth” gang decided to ticket her seven times for a total of $6,500! $500 for the first ticket, $1000 each for the rest.

Check out this excellent interview of this courageous civil disobedience activist, recorded outside Portsmouth district court, then keep reading for details on the case:

The city’s argument for threatening the sweet grandmother and other UBER drivers with such ridiculous fines was the claim that more stringent background checks than what UBER provides are necessary to keep passengers safe. However, this argument is obvious garbage, as the city only regulates drivers who charge for their services. If a convicted murderer were to offer rides for free, the regulations wouldn’t apply. Portsmouth’s anti-ride-sharing regulations, passed in Summer of 2015, were created to protect the existing taxi oligopoly. That’s what regulations are really for – not to protect consumers as the government claims, but to protect the established businesses from innovative competition.

Indeed, the cabbies in Portsmouth were the loudest group in support of the regulations. UBER Grandma was also targeted by those same cab drivers. They had been witnessed boxing her in to the curb as she was picking up riders in downtown Portsmouth and even smashed out her tail-light. They also appeared at government hearings in Portsmouth and Concord advocating for more government control of the industry.

Despite the constant attacks by both the police and the cabbies, UBER Grandma was not deterred. She kept driving in civil disobedience to the city’s protectionist ordinances, knowing she had harmed no one, and in fact had helped many people get home safely. She’s a hero for continuing to stand up for her right to do business without asking for permission! (more…)