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.
Late into the evening of August 31, the New Hampshire state police established a suspicionless checkpoint on Route 12 in Walpole. The location seemed a strange choice, as the area is notably rural and does not see any heavy traffic. Presumably, this was also the first suspicionless checkpoint established in Cheshire county this year. A detail of about ten state police units and just under that amount of cruisers situated themselves in front of a large Citgo station and waited for drivers to ambush. For most, the checkpoint meant shuffling through one’s wallet to find their papers, drowning in a sea of backlighting for about two minutes, occasionally field-testing for sobriety, then being released upon their way.
While it is the position of the state that these sorts of rights-infringing checkpoints promote safety by increasing detection of impaired and possibly reckless drivers, individuals are detained at these checkpoints indiscriminately and during my time at the checkpoint itself, I observed only one car that was permitted to roll through with no detention. Since detentions were not based on suspicion of a driving offense, they essentially violate the fourth amendment of the US constitution as well as liberties enumerated in the New Hampshire constitution, but the framework of a supposedly free people is permitted to be violated so long as a person in a black robe authorizes the indiscriminate stops. Per NH law, the suspicionless checkpoint was announced in advance with a release published in the Keene Sentinel. Knowing that drivers needed additional notice of the checkpoint, activists set up signs warning of the checkpoint ahead and indicating where the final turnoff was to avoid the detention from either approach. (more…)
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…)
Today I dropped off a proposal to the city clerk’s office that the council repeal the paraphernalia ordinance. Unlike state statutes prohibiting drugs, the prohibition on paraphernalia is a city ordinance and the city council has full control over ordinances. Will they actually do something? The first step is for the full council to hear the letter and possibly assign it to a committee. The proposal is to be heard at the next meeting on Thursday 9/5 at 7pm at City Hall. Here’s the proposal:
Ladies and gentlemen of the Keene city council,
There has been recent and previous discussion on the council regarding cannabis decriminalization and legalization. It is certainly true that the Keene city council cannot repeal state statutes, however you can send a resolution to the state legislature encouraging them to do the right thing and legalize cannabis in New Hampshire. In addition, you as a councilor can move to order the police chief to issue a directive to Keene police officers to not enforce cannabis laws in Keene.
Also, there is one other thing that the council can do that I am proposing with this letter, and that is to repeal the drug paraphernalia ordinances. This would send a message that Keene is serious about ending the insane war on drugs, which is really a war on our friends, family, and neighbors.
Specifically, the entirety of Keene ordinance Chapter 66, Article II should be repealed and replaced with nothing.
Drug abuse is a personal tragedy, but the drug war only makes it worse for the abuser. (more…)
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:
