Judge dismisses case over 'Impeach Bush' sign; Prosecutor filing new charge

[proud2BlibKansan]

Kevin Egler won't face charges of illegal advertising for posting a sign that said "Impeach Bush" in a public garden, according to The Plain Dealer. Instead, the prosecutor says he plans to file a more serious charge against the 45-year-old teacher.

After we told you about this case, a judge decided yesterday to dismiss the charge on free-speech grounds. The paper reports that Kent, Ohio, prosecutor James Silver supported the dismissal but says he now plans to cite Egler for littering, which carries a possible sentence of two months in jail and a $500 fine.

"I find it an incredible waste of taxpayer dollars," Egler tells the Record-Courier. "I just wish the city would see it's just a ridiculous charge."

Silver says he plans to meet with the police officer who wrote the ticket before he files any additional charges against Egler.

more . . . http://blogs.usatoday.com/ondeadline/2007/08/judge-dismisses.html?csp=34

[babylonsister]

1. Good. The more attention this insanity gets, the better, though I

feel sorry for the harrassment Egler's getting. Maybe he can file a harrassment counter-suit?

[Rabrrrrrr]

2. I love the "I don't recall sign" - was that for Libby, Rummy, Snow, Rove, Shrub, Cheney, or Rice?

:rofl:

As to the story, that prosecutor should be fined by the judge for wasting taxpayer money and the court's time.

[TransitJohn]

7. Gonzo, I believe eom

[proud2BlibKansan]

8. Gonzalez

His testimony in May.

[bluestateguy]

3. Did this guy go to law school with Mike Nifong?

nt

[Lint Head]

4. We should send emails and letters to this

prosecutor saying, "Why don't you pursue real criminals like Dick Cheney and George Bush? Impeachment is too good for them.":dem:

[jimshoes]

5. Wonder if this prosecutor is

looking to score points with bush toady in charge of appointing Federal Prosecutors?

[bobthedrummer]

6. They (that have names) have "littered", papered over our Constitution. IMPEACH them, Cheney first.

Remove their "loyal Bushie" local apparatchiks-NOW.

[proud2BlibKansan]

9. I agree

This case is especially ridiculous.

[ayeshahaqqiqa]

10. If this teacher is prosecuted for littering

but the realtors and others who place signs in public places must then, also, be prosecuted for littering too. If this prosecutor isn't doing this, I think Mr. Egler has a good case for harrassment.

Question: is this prosecutor in an elected position? If so, what is his political affiliation?

[givemebackmycountry]

11. Time to crawl all over those anti-american traitors that post -

"YARD SALE!"
"HUGH GARAGE SALE!"
"FOR SALE BY OWNER"
"HAVE YOU SEEN MY CAT?"
"BLAH, BLAH, HIGH SCHOOL CAR WASH!"

Signs on street corners, and telephone poles, and median strips through out the nation.

WE CAN'T HAVE THAT!

Free speech.
How quaint.

[MADem]

12. Gee, that fair city needs to be littered with handbills, I think

That say JAMES SILVER (post unflattering picture of the fellow) wipes his ASS on the First Amendment!! Impeach this ERRANT PROSECUTOR for his TOTALITARIAN APPLICATION of the LAW!!!

Or words to that effect. He is in need of a bit of shaming and ridiculing, I think.

[proud2BlibKansan]

14. Great idea

Wish I lived close by.

[Kansas Wyatt]

13. Shouldn't this dumbass be prosecuting real crimes?

How many un-prosecuted crimes are there in Kent, Ohio?

[yardwork]

16. Kent, Ohio - home of Kent State University - you may have heard of it.

Just sayin'.

[DeSwiss]

15. The Kent, Ohio city code says....

"advertising on public property" is a minor misdemeanor, while littering is a third-degree misdemeanor: As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass or anything else of an unsightly or unsanitary nature, thrown, dropped, discarded, placed or deposited by a person on public property, on private property not owned by him/her, or in or on waters of the State."

http://www.cleveland.com/news/plaindealer/index.ssf?/base/portage/1186735350295500.xml&coll=2">Excerpt from the Cleveland Plain Dealer:

Egler's attorney, Bob Fitrakis of Columbus, said after the hearing in Kent Municipal Court that the pending charge is an even greater affront to free speech because of the higher potential penalty. He called it a time-honored method of attacking political dissent. Fitrakis said littering charges were levied to curb political speech by college students in Columbus protesting the original Gulf War in 1991 and 1992.

"The real intent is not to admit that it made a mistake," Fitrakis said. He said Egler should not have been charged under the anti-advertising ordinance because there was no commercial element and no profit motive. Fitrakis, who specializes in First Amendment issues and is the publisher of freepress.org, said he is not aware of any mainstream politician being charged under littering or anti-advertising laws, even though they plaster public spaces with campaign information.

Outside the courtroom, Egler produced two dozen photos of other posters that appear to have gone unchallenged by the city, including announcements of poker tournaments, garage sales and military recruiting drives. Egler said someone took down his sign soon after ticketing him July 25. "If you're a Green Beret, it's OK," Fitrakis said. "If you're pro-military, you can litter all over the city."

A sign does not appear to qualify as litter using their own legal definitions. This must be the prosecutor's big chance to move up to big time lawyering. He's going to ride this littering charge all the way to the DoJ at this rate. What an ASSHAT! -

K&R!!!