Meyer points out that the city’s claim of “tortious interference” on the part of the Robin Hooders fails to meet the requirements of a tort and if the city were successful in their case, the resulting order would violate the Robin Hooders‘ free speech rights. Even if the activists were not pleasant towards the parking enforcers, it would still be within their free speech rights, and the enforcers – as public employees – should not be shielded from criticism. Meyer is also an employment law attorney and points out employees have no right to work in a non-hostile work environment, as the city’s attorneys claim.
What will the city’s hired-gun attorneys say in response? Will there be a hearing on the motion to dismiss? Will the city’s precious case be tossed out? Stay tuned here to Free Keene for the latest on the Robin Hood saga.
As previously blogged here, attorney Jon Meyer recently proved in court that the people calling themselves the “City of Keene” have been illegally issuing “no trespass” orders to people they don’t want in Central Square. Now Meyer has filed a motion to dismiss the criminal trespass case against Robin Hooder Graham Colson. In the well-written motion, supportive memo, and supplemental memo, Meyer lays out his case about why the city’s no trespass orders are unconstitutional. In essence, they have no statutory or ordinance-based authority to issue a no-trespass order in response to a skateboarding violation, because receiving such an order is not listed as the punishments for skateboarding in city ordinance – this act is basically KPD making their own law! In addition, the order that was issued by KPD and “the city” violates Graham’s right to due process:
the act of prohibiting Colson from Keene Central Square violates the Due Process Clause because Colson did not have any notice that skateboarding in the Keene Central Square would result in a police order prohibiting him from entering the square.
Meyer also argues the order is an unconstitutional violation of Graham’s free speech rights as it bans him from a public common, historically used to express ideas.
Finally, in the supplemental memo Meyer points out that the no trespass order was issued without any conviction of Graham for his alleged skateboarding violation. In fact, it was issued instead of charging Graham with violating the skateboarding ordinance. This the executive branch, via the orders of Keene boss John Maclean, acting as the judicial and legislative branches. The city council never authorized such a penalty for skateboarding and a charge was never brought before a court, meaning Graham’s due process rights were clearly violated. Legally, Keene police officer Jason Short is only allowed to allege a violation – those charges need to be proven in court. Instead, Short found him guilty on the spot and imposed punishment in the form of the illegal “no trespass” order.
The amount of government malfeasance in this case is astounding. Thank you Jon Meyer.
This week’s episode of AKPF #1 is again interrupted by global conspiracy. Presented this week is Aqua Kommunity Protest Forum, an elegant glance into the differing perspectives and tactics of the community in advancing peace, liberty, truth, and justice. No DPRK officials arrived in capacity nor royal intervention occurred, and although the program formatted for television is limited in its time to 29 minutes, the entire duration of the event from multiple angles is available from Fr33manTVraw.
The Ridley Report continues its followup on the case of Garret’s stolen camera. In this installment, Ridley ambush interviews a uniformed state trooper in Concord at the legislative office building. At the end, commentary text reference an incident I had informed Ridley about recently which has not otherwise been reported. You can see video of that August 28 incident and police follow-up on Fr33manTVraw.
You can also see video of Garret speaking before a subcommittee of the DPRK on a recommendation to decriminalize cannabis on the evening of August 28. The Keene Sentinel covered the hearing on Thursday, including quoting speakers. Garret comes in at 4:45. (more…)
The Ridley Report has published a seven-minute feature on the camera robbery of Garret Ean that was orchestrated and executed by Joseph DiRusso on June 26, 2013. Yesterday the report featured commentary on the activism of Garret in the past and broadcast the footage of the camera snatch that was recently recovered. The conclusion of the piece implies there will be additional analysis of the situation by Ridley. Check out Cops Raid Reporter for Failing to Get his Facts Wrong:
While the “evidentiary hearing” in the Robin Hood case is set to continue this fall, heroic free speech attorney Jon Meyer has filed his motion to dismiss and memorandum of law in Cheshire superior court. In the memorandum, he outlines his reasons:
