Action Attempted Against Freedom Festival Organizer

by Nick Ryder | Jan 29, 2009 | 11 comments

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*

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*Cross references: Environment, ch. 38.
State law references: Open-air meetings, RSA 286:2 et seq.; shows, carnivals, RSA 321-A:1 et seq.

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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.