Rick Naya, NH Hempfest Organizer and State Rep Joe Lachance
The Attorney General’s office in New Hampshire has released a report regarding their investigation of claims that former state representative Kyle Tasker had sold cannabis at the NH state house in Concord, to other state representatives. Several liberty-oriented state reps including Amanda Bouldin, Joe Lachance, Pam Tucker, Ted Wright, and the late Shem Kellogg were all investigated by the AG’s office but none will be charged.
The report details the investigations of each state rep and though they believed they had a case for “dry conspiracy” charges against both former-cop-turned-LEAP speaker Lachance and Tasker, they used their discretion and decided not to charge them. The report specifically cites jury nullification when giving their explanation as to why they aren’t charging Lachance – that’s great news for activists who’ve been doing jury nullification outreach here in the Shire for years.
Jury nullification is the long-held right of jurors to vote their conscience, regardless of what the law says and the facts in the case are. Though Lachance clearly broke the law, each juror has the right to acquit simply because they believe the law is bad. It’s a powerful right and courts around the country as well as the federal courts will do everything they can to keep jurors from knowing about it. However, here in New Hampshire is established court precedent that not only can jury nullification information be given to jurors outside the court, but even defendants and attorneys can explain nullification during trial!
NH Jury Rights
The NH attorney general doesn’t like jury nullification, as it’s a threat to their power. They appear however to have realized that the changing political tides regarding cannabis legalization plus jurors’ awareness of nullification would likely mean they were wasting their time prosecuting Lachance. They also say in the report that a jury would likely reject “dry conspiracy” charges for Tasker as well (who is facing various felonies for other victimless crimes) and say his other charges will suffice to, “hold him accountable for his drug crimes”. Of course, there are no victims in those “drug crimes” which include possession and sale of cannabis, MDMA, and mushrooms and so Tasker should also not be charged with them, and neither should anyone else.
That’s really the question here – if the NH AG acknowledges that cannabis charges are likely to not pass a jury due to nullification, then why don’t they treat every person caught with cannabis the same way they did the state reps? The reason is they know most people will quietly take a plea deal and further, if they don’t take the deal, they can drop the charge to a class B misdemeanor which means the defendant can’t get a jury trial, virtually guaranteeing a guilty verdict and hundreds of dollars (per victim) flowing to the state’s coffers. Cannabis prohibition means big money for the state gang, so they’ll keep charging the little people until the law is changed. Hopefully that will happen in 2017 if the new governor doesn’t stand in the way, whoever it ends up being.
Civilly Disobedient UBER Driver Stephanie Franz, courtesy CBS Boston
It’s been almost a year since Stephanie Franz aka “UBER Grandma” was the first UBER driver cited for driving people safely to their destination in Portsmouth, NH. The city has been targeting brave UBER drivers with tickets for operating without government permission slips. In the Summer of 2015 the city gang declared UBER drivers who did not jump through the city’s hoops in addition to UBER’s background check and sign up process, would be targeted for ticketing.
UBER has provided Stephanie with an attorney and she’s ready to face down the city gang in court. However, there have been multiple reschedulings of the date, so hopefully this is the final one: Please join UBER Grandma at Portsmouth District Court at 8am on December 13th (here’s a facebook event) and support her courageous stand for your freedom to drive people places without having to ask government permission!
As promised in a press release earlier this week, Keene liberty activists followed through on a promised Beer Pong event in Railroad Square. Held Saturday at noon, the event was intended to call attention to the oppressive open container ordinance here in Keene. Event organizer Bob Call was interviewed by reporters from the Keene Sentinel and Union Leader and explained how the ordinance targets college students and poor people and doesn’t do anything to actually keep drunk people off the streets.
The open container ban does however transfer a lot of wealth to the state from the victims of the police’s aggression. Enforcing open container means big money for the government, and as event co-organizer Chris Waid points out, it also protects restaurants and bars, giving them the exclusive ability to allow someone to enjoy alcohol on the sidewalk. That means the law is discriminatory in that if you can’t afford to pay for a drink at restaurant/bar prices, you can’t enjoy a drink outside in downtown Keene.
Yesterday’s protest went well and no one was arrested despite the police threatening everyone playing beer pong with arrest. They cited a city ordinance that arguably does not even apply to Railroad Square, claiming playing games involving throwing a ball are prohibited in the area! Either they were bluffing or they didn’t actually read the ordinance, which specifically states that throwing games are banned from Central Square and “on the streets and sidewalks of the downtown area”. I supposed someone could argue that Railroad Square is a street or sidewalk, but there’s a strong argument it’s neither.
Officers Colin Zamore and Andrew Lippincott deliver threats to the beer pong activists.
Plus, the ordinance is clearly intended to address games that could cause interference in the normal traffic of business in the downtown area: “For the safety and protection of participants, pedestrians, passersby, motorists, and property, no person shall, unless authorized by permit, play games involving running, jumping, throwing, catching, or similar physical activity, including but not limited to games of ball”. Even if it could be argued that Railroad Square is a street or sidewalk, it’s pretty clear that no one’s safety is in jeopardy from a ping-pong ball. The ordinance was obviously crafted to stop frisbee and football players’ projectiles from flying into traffic around Central Square, as it specifically prohibits such activities from that area.
Perhaps that’s why Keene police officers Colin Zamore and Andrew Lippincott never returned after threatening the group with arrest if they continued playing after fifteen minutes had gone by. The activists continued to play for about thirty more minutes and then declared victory and went home. (more…)
Maybe it should be strip beer pong instead? Photo courtesy theCHIVE.
This Saturday, 9/17 at noon, activists will gather in Keene’s Railroad Square and play beer pong in protest of the open container ordinance. The event will be in the spirit of 2010’s Drinking Game, which resulted in my arrest in the city council chambers for “disorderly conduct”, but the charge later dropped. Inspired by the past actions, a new batch of movers to Keene will be taking up the banner of protesting the ridiculous ban on open containers of alcohol.
There are many towns and cities where open containers are allowed, including some right here in New Hampshire. Nearby Westmoreland, for instance, does not have an open container ordinance. The oppressive ordinance is just an excuse to target college students and poor people, give them tickets, and reap thousands of dollars into the system from the victims. It doesn’t stop drunk people from being on the streets, nor does it discourage them from drinking. The ordinance merely takes advantage of drunk people. It’s shameful and needs to be abolished.
I spoke with the beer pong event organizer, Bob Call, today about his motivations. He said, “I think the law is unjust and it’s ridiculous that you can sit outside at local businesses in Keene and consume alcoholic beverages legally, but not if you consume your own alcoholic beverage.”
Labeled containers are likely probable cause for a search. Don’t carry them around.
I’m no attorney, and this is not legal advice, but if you are ever targeted by police for a suspected open container of alcohol, DON’T CONSENT TO A SEARCH! This is the number-one mistake made by the police’s victims. Law enforcement officers are trained to intimidate. If you are walking with a drink in a bottle or cup that is not clearly an alcohol container, the officer will likely approach and say something like, “I have to ask you to hand that over.” At that point, most people will hand it over, consenting to a search of their container.
Take note of the careful wording of the officer’s statement. “Have to”, plus it being spoken in an authoritative manner makes is sound a lot like an order. However, it’s not. He says “ask”. If you’re ever uncertain about what an officer is saying, you have a right to ask, “Is that a request?” or whatever other questions you want. If you are clearly carrying am actual beer bottle, that’s likely enough probable cause for a search, and they won’t have to ask. On the other hand, if there is no clear way they could know by looking that it’s likely a container of alcohol, they have to get your consent to search. Don’t do consent. Politely decline their invitation, ask if you are free to go, and walk away.
See you Saturday 9/17 at noon at Railroad Square in downtown Keene for the beer pong event!
I had the pleasure of being a guest on “Windham Watch” with host Mary Griffin, a longtime state representative who is just about the sweetest little old lady anyone could imagine. She did her research on me and had some really great questions! This was easily the most fun I’ve had in my 2016 campaign for governor. I’m grateful for the opportunity to meet Mary and be on her show for a full episode!
We covered various issues including New Hampshire independence, drug prohibition, peace, and more!
I had the pleasure this week of seeing Jim of Flex Your Rights give a presentation to a couple dozen students at Keene State College. He covered various aspects of how to handle encounters with police and encouraged not taking a plea deal and going to trial rather than just paying fines.
I found it really rewarding to see Jim’s presentation. It was informative and relevant to the students watching it and I’m glad I had the night off to be able to record it so others who couldn’t attend can benefit. When Jim started college in Keene, he wasn’t an activist. Now he’s working with one of the most prominent know-your-rights groups in the world, Flex Your Rights. His path to where he is would not have been possible without his time in Keene and the liberty activism here that had a positive, inspirational impact on his life. What an honor to have had a role in that.
Some people don’t understand why I do the activism that I do. Why take risks by standing up for your rights? Why speak out in favor of peace and liberty? Why do activism that could and does offend? Because as an activist and communicator of the ideas of liberty, you never know whose life you’ll touch. When you stay true to yourself, put your message out there, and stand up for yours and others’ rights, the right people will see it and pay attention. When the student is ready, the master appears. Your actions just might be the spark that ignites the next superactivist.
