In a six page decision issued this week, NH Hillsborough superior court judge Gillian L. Abramson dismissed the misdemeanor wiretapping charge against Alfredo Valentin – affirming the right to record police in public includes secret recordings. The judge cites both the Glik and Gericke cases which were important federal cases affirming the right to record police in public. The state argued in this case, that since the recording was secret, the right to record doesn’t apply in NH, where the wiretapping statute is ridiculously oppressive. The judge smacked that claim down:
the Court finds that the First Amendment protects secretly filming police in public, for the same reasons that the First Amendment generally protects filming police. The public has the right to gather and disseminate information about the police.
Free State Project early mover and attorney Brandon Ross is Valentin’s lawyer (Ross has previously beaten wiretapping charges at the NH supreme court.) and had this to say, in an exclusive interview for Free Keene, about the judge’s decision: “By charging him with a felony, the state destroyed my client’s career–and made things much worse with this wild goose chase prosecution. I’m glad the court wasn’t fooled by the state’s manifestly incorrect representations about the law. I look forward to him getting his day in federal court.”
Attorney Brandon Ross
Ross also excoriated the NH legislature for their inaction on fixing the horrible wiretapping statutes, saying, “This never needed to happen. Numerous bills have been brought to the legislature to fix this. Each time, the legislature has failed to act to bring simple, necessary clarity to a law which police are continually abusing. But the NH chiefs of police scare them each time, and nothing happens. The resulting litigation from that spineless failure to act, does nothing but inconvenience citizens and cost taxpayers.”
You can read the full six-page order here. Will the state attorney general’s office appeal to the NH supreme court and risk making this decision apply to the entire state? Stay tuned here to Free Keene for the latest.
The crackdown on Uber (check out the first installment in this story here) has escalated in Portsmouth, as the first Uber driver has been issued a $500 citation for peacefully attempting to drive people home after a night of drinking. The target of police aggression in this case was Stephanie Franz, a 63 year old grandmother and bus-driver who has been driving for Uber in her spare time.
This story was first reported by Seacoast Online, who got a great quote from Franz when they called to interview her:
“I can’t speak for what Uber’s going to do,” she said. “It’s up to them. But I hope this gets worked out so I don’t have to keep playing cat-and-mouse with the police.”
Do you hear that, city of Portsmouth? You haven’t even managed to scare Stephanie Franz. She and the other Uber drivers will continue to play your cat and mouse games, and liberty activists in New Hampshire will continue to shine light upon your protectionist scheming.
Here’s a video from the leader of freeuber.org – activist Christopher David – who catches a little bit of the stop, and provides some context as to what’s been going on in Portsmouth recently.
After watching the video, the question remains – why are the Portsmouth police sending multiple police cars to stop peaceful people from helping their neighbors get home from a night of drinking in exchange for a smaller fee than the local taxi cartel?
Christopher David Threatened by Snitching Bouncer from Daniel Street Tavern
According to David, the police officer recorded in his initial video called him to say that the bouncer who snitched on him for offering Uber rides is upset and “threatening to press charges” because Christopher allegedly didn’t get his permission to record their interaction. We’ll keep you updated as that situation progresses.
If you want to support Christopher in his heroic efforts to nullify the Uber ban in Portsmouth (and perhaps lay a groundwork for nullifying these ridiculous bans worldwide), head over to FreeUber.org and get involved.
For additional coverage of the Free Uber movement in Portsmouth, check out Rights Brigade, a New Hampshire based activism group that has been assisting Christopher in canvassing the city with flyers to raise awareness for the city council’s protectionist schemes.
The War on Chalk continues nationwide with tonight’s arrest of Cop Block founder and Free Keene blogger Ademo Freeman. Ademo has been arrested in Shawnee, KS on a felony warrant purportedly for “criminal mischief” charges over chalking the Noblesville, IN police department a couple of weeks ago. Ademo is expected to be arraigned on Monday and whether he’ll be extradited to Indiana remains to be seen.
The Noblesville PD chalking incident happened the day before Ademo and Brian Sumner kicked off the Cop Block Mobile Accountability for Cops (MAC) tour. According to their post about the incident, Cop Blockers visited Noblesville police department and used liquid chalk to write various messages directed toward and about the police. Later on, they are threatened by multiple Noblesville cops in a parking lot – see the video here. The gang members detain Ademo and Brian for a quarter-hour and claim that one of “their group” used real paint during the chalking outside the PD.
Now Ademo is in Johnson county jail in Kansas on a felony warrant. As a result, requests for calls to the jail and PD rang out on Facebook. Initially, the jail denied having him and police on the phone played games like one claiming his first name was “deputy” (I’ve lost count of the number of times I’ve heard that one.):
Should you wish to call the jail and/or police and express yourself, here are the numbers: Shawnee PD: 913-631-2150. Johnson County Jail: 913-715-5100. Here’s the agency that issued the warrant, Noblesville PD: 317-776-1588
If you think the massive call flood that these arrests trigger is awesome, then imagine what it would be like if those people willing to call a jail in favor of setting someone peaceful free from captivity were instead willing to move to the same geographic area. Imagine the cop blocking that could be possible. Rather than call the jail, you could go there with others. You could even go to the homes of the people who kidnapped Ademo. Ademo moved to New Hampshire as part of the Free State Project. Here are 101 reasons why you should consider doing the same thing.
Today in Concord, ministers and members from Church of the Sword (COTS), gathered at the NH supreme court for oral arguments in their appeal of the town of Westmoreland denying their request for tax exempt status. Ministers from the Shire Free Church were there in support. The question before the court was whether the Cheshire superior court should have thrown out the case in a decision earlier this year, which affirmed the town’s opinion that the COTS is not a church, claiming it’s not religious since the church doesn’t have a belief in god.
However, as COTS’ attorney Dan Hynes pointed out, and COTS ministers argue, there are traditional, long-running churches do not have a god, such as the Buddhists, Taoists, and many Unitarian Universalists.
Given the NH supremes are only judging whether the lower court erred in tossing the case, don’t expect their decision to include an opinion on whether or not COTS is a church. A decision in COTS’ favor would simply mean the lower court should not have dismissed the case, and that the case should move ahead (likely to jury trial) at the superior court.
Here’s the full hearing, plus short interviews with COTS founder Kirk McNeil and COTS attorney Dan Hynes:
A particularly ridiculous portion is where the attorney for Westmoreland argues that anarchists can’t have a religion. Don’t miss it!
What an honor to be invited by the ACLU of NH (aka the NHCLU) to this year’s Bill of Rights awards dinner! Free Keene bloggers Darryl W. Perry, James Cleaveland, and I had the pleasure of attending with some of New Hampshire’s most active from both the legal and activist worlds. Arnie Alpert of the American Friends Service Committee gave an entertaining speech in receipt of the 2015 Bill of Rights award and NHCLU partner attorney Bill Chapman also received an award. With speeches from NHCLU Executive Director Devon Chaffee, head NHCLU attorney Gilles Bissonnette, and longtime civil rights activist Lewis Feldstein as well as a record 240 tickets sold – the room was packed.
It was a great event, and I’m grateful that we were invited. James earned it for his amazing organizing of Robin Hood of Keene activism and Darryl heading up the lawsuit against the state of NH for their unfair treatment of third parties.
Record Attendance of 240!
Free speech attorney Jon Meyer was in attendance, as were hundreds of other attorneys and activists from inside the system and out. There were far more people than I knew, but some noteworthy attendees that have previously been reported on by this blog included Keene Spiritual Retreat superintendent Rick Van Wickler (who is also now on the NHCLU board and is back on the board of Law Enforcement Against Prohibition), Will Hopkins of NH Peace Action, appeals lawyer Joshua Gordon, and in a pleasant surprise – Cheshire County Sheriff Eli Rivera was in attendance.
Free Keene Bloggers Darryl W. Perry, James Cleaveland, and Ian Freeman
I’m so appreciative to be here in New Hampshire, where people who care about freedom can have a large impact and change things for the better. There’s no doubt we’re in the right place, surrounded by people who truly care for the future of freedom. Thanks to the NHCLU for continuing to stand for so many who can’t defend themselves against the predatory state. It’s truly an honor to play a small role in all this.
Considerable time has passed since the city of Keene first filed a lawsuit against the meddlesome youths known as Robin Hooders. Following three days of testimonial hearings in October of 2013, a reunion party was hosted by the court for all initially involved, with three of six activists returning. Fine-tuning their excess to scale down the event significantly, the city would only present two witnesses, countered by two representing the defense, enabling what originally cost three days to wrap up within one.
The complications keeping the Robin Hood of Keene legal saga alive are as convoluted as the civil court system itself, which would have otherwise been unnavigable by the activists on defense if it were not for the appreciated representation by civil rights advocate attorney Jon Meyer. As the city’s attorneys began their case, Meyer declined to offer an opening statement, but instead asked if the city could clarify the specific demands it is seeking for “injunctive relief”.
Robert Dietel outlined that the CoK now requests no more than a ten foot “buffer zone” to float around parking enforcement officers. The request seemed modest compared to prior demands for 50, 30, and 20 feet of bureaucrat safety buffers. The tone of the day, echoing a sentiment expressed at the supreme court, seemed to be that the city’s attorneys would accept whatever “injunctive relief” they could be granted, anything to declare a small victory in what must be a loss of staggering proportions, both financially and politically. (more…)
