Arrested: Asheville NC Citizen with "Impeach Bush, Cheney" Sign, Cited With Blocking Sidewalk

[WillYourVoteBCounted]

Asheville City Police Officer Russell Crisp and Sergeant Randy Riddle believe in your freedom of speech - if they like what you say.

Asheville Police arrested a protestor for "impeach Bush, Cheney" sign - citing him with dubvious charge of "obstructing a sidewalk" this Wednesday. Since he wasn't actually blocking the sidewalk, they are looking for something else that could stick - and said Thursday "a N.C. Department of Transportation violation would be more fitting."

Charges against ‘highway blogger’ will change

by Adam Behsudi,
August 17, 2007

ASHEVILLE — Police said Thursday that it would change charges against a man who held an “impeach Bush, Cheney” sign from a bridge over Interstate 240.

Jonas Phillips, a 35-year-old West Asheville resident, said he had recently taken up “highway blogging,” a protest practice of displaying signs of political discontent from highway overpasses.

Police cited him Wednesday for obstructing the sidewalk but said Thursday a N.C. Department of Transportation violation would be more fitting.

In other words, as soon as they can trump up something that might stick.

This message from Phillips was forwarded to the Veterans for Peace list serve:

I am writing to tell you about an abuse of power in Asheville, NC by a police sergeant. I occasionally stand on an interstate overpass near my place of work in the mornings and hold a sign that says 'IMPEACH BUSH / CHENEY'.

On Wednesday August 15, I was standing alone with my sign for about 10 minutes, when I was approached by Police Officer Russell Crisp. He asked me how long I was planning to stay there and I told him just a few more minutes because I had to go to work at 8:00.

He asked for my ID and I obliged. I asked him if I was doing something wrong, and he said that his Sergeant was on the way and he was going to wait for him. SO, I went back to my sign holding over the interstate. A few minutes later Sergeant Randy Riddle showed up with a paper in his hand. He spoke briefly to Crisp, then walked over to me and told me to put down my sign, put my hands behind my back, and that I was under arrest! I was shocked and almost thought he was joking until he told me again to put down the sign and put my hands behind me and I was under arrest. So I peacefully agreed and he cuffed me.

I asked him why I was being arrested, he told me I was in violation County Ordinance 16-2, (the print out in his hand that he didn't bother to read to me or show me.) He told me I was obstructing the sidewalk. I told him I was not and that officer Crisp had witnessed a guy walk by me moments before. Riddle yelled at me, "You were obstructing the sidewalk!" and "I'm sick of this shit!" then he said, "Here's your 15 minutes of fame buddy!" I looked back to see his name plate and he said in a mean condescending tone, "Yea, that's 'Sergeant Riddle' get it right!" He then put me in Officer Crisp's police car. Riddle took my sign with him and I was taken downtown and booked by Crisp.

I was never read my Miranda rights. While at the jail I was asked several times about what groups or organizations I was with, like a local group Veterans for Peace. And more specifically the Southeast Convergence for Climate Action group that had protested at the Bank of America on Monday. I was told by officer Crisp that since that protest the police had pulled out this ordinance. I was searched, and they took pictures of me and my tattoos. Since I haven't been in trouble in 15 years, I was given a court date and allowed to sign a written promise to appear in court.

This is an example of an American citizen having his/her civil liberties tread upon. In Asheville, you are allowed to protest on city sidewalks without a permit. The sidewalk is about 5 feet wide.

I never blocked the sidewalk; I knew about that ordinance already and was not trying to be arrested. It was obvious to me that Riddle had a
problem with my sign because there is no way I could block the sidewalk all by myself. I feel like my rights were trampled by this harassment from Riddle. I got the feeling that he was trying to scare me away, but he only strengthened my resolve to protest more!

By the way, I never got my sign back from Sergeant Riddle.

Jonas Phillips

I have written the Mayor of Asheville and the Chief of Police to tell them how important the freedom of speech for all of us is.

Tell them that:

Freedom of speech doesn't mean - "you are free to speak if we agree with what you say."

Call the Mayor of Asheville, email the officials - tell them to drop the charges against Phillips and to apologize.

Mayor Terry M. Bellamy
Contact Information
Office of the Mayor
Mayor Terry M. Bellamy
Mailing address:
P.O. Box 7148, Asheville, NC, 28802
Location: Asheville City Hall, Second Floor, 70 Court Plaza
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]

[e-mail] mayor
[e-mail] police chief
[e-mail] assistant city manager
[e-mail] city manager

[napi21]

1. I don't know anything about NC laws, but a similar thing happened

here in Ga. a few months ago. A nurse was pulled over because she had a negtative Shrub bumper sticker on her car. She wasn't arrested, but was given a ticket. She decided to fight it, and the judge threw it out of court. At least under Ga. laws, free speech is still legal!

Good Luck to this guy! I hope he decides to fight them on it too! I honestly think he'll win!

[go west young man]

29. I also was pulled over for my anti-Bush bumper sticker down here.

in South Georgia. The funny thing was that I was coming back from the airport having just picked up my wife Elena who arriving back in America from here native Russia. The cop said my tag had expired. Even though I knew I had just renewed it two months before I played dumb and said "it is? I didn't know". I think he was hoping to get me on a seat belt violation or something other. In the end he did a check on my license and let me go with the warning that I need to get the tag reissued when I get back home. My wife said thought she left the Soviet Union. This took place on I-95 where cars were passing me at 85 mph. I was doing 65 but the cop decides to run a check on my plate? Something is wrong with that picture.

[porphyrian]

2. Know the law and the penalties for breaking it.

Expect "the man" to try to stick you with everything possible. Know what that is.

[WillYourVoteBCounted]

31. he wasn't blocking the sidewalk

the sidewalk there is 5 feet wide.

This guy is normal size.

His wife was back up on the bridge this morning before her job.

[porphyrian]

32. Blocking the sidewalk can be blocking any part of the sidewalk.

It could be avoided by staying in motion, walking up and down. My point is that, if you intend to do things like this, you need to know the law and how it will be used against you.

Also, carry a video camera, and keep it on.

[WillYourVoteBCounted]

34. funny, his wife was protesting at same spot this morning

and the cops came by, but they told her - looks like freedom of speech to me.

At least not all Asheville Cops are Assville Cops.

So apparently she did the exact thing her husband did, but it wasn't "blocking" the sidewalk
this morning.

[porphyrian]

36. That laws are selectively enforced should come as a surprise to no one.

And there are ways to respond to law enforcement officers which are more likely to get you off with a warning than others (just as there are ways to ensure that they'll harass you).

Again, know the laws and record everything.

[Breeze54]

38. The person in question was polite and cooperative to the police.

What the hell are you talking about? :crazy:

[porphyrian]

39. I thought I was being extremely clear. What don't you understand?

I'm speaking in generalities, not discussing specifics I don't know about the case I didn't witness, and relating them to the OP. For some reason, you seem to want to debate what I'm saying, which is fact. So, I think it's funny that you don't understand what I'm talking about, because I don't understand what you're getting at.

[Breeze54]

40. This discussion is about that person in NC.

He was polite to the police, therefore he didn't bring on his arrest due to bad behavior, as your post inplied, imho.

"And there are ways to respond to law enforcement officers which are more likely to get
you off with a warning than others (just as there are ways to ensure that they'll harass you)."

[porphyrian]

41. No, that's simply how you misinterpreted it.

Again, I was speaking in generalities about dealing with the police. If I was addressing the behavior of the individual in the original post, I wouldn't have included the "(just as there are ways to ensure that they'll harass you)" at the end of the sentence you've taken out of context. I'm sorry I wasn't clear enough for you.

[Breeze54]

42. No sh*t Sherlock! That's what IMHO means!

:P

:rofl:

[porphyrian]

43. If your opinion was humble, you wouldn't be an ass about it.

Maybe you don't know as much as you think.

[Breeze54]

44. ---

Take your own advice. You're obviously, purposefully, being obtuse.

Thanks for the giggles! :P

[porphyrian]

45. Sorry, wrong again.

I was offering helpful general information that related to the original post. I have no idea why that's so difficult for you to understand, but I'm glad you find your ignorance amusing. And don't tell me what to do.

[ooglymoogly]

49. Hmmmm...so this means if you are jogging or even walking

and you suddenly feel you have to stop for 10 minutes or so as in the case of the elderly and get your breath or whatever without standing in the way of others or cant find your keys for 10 or 20 minutes (has happened to me) you can be arrested...and aren't there laws also on the books that cows cant fly over the moon on certain days or like silly laws.

[porphyrian]

52. I'm not defending any particular law. I'm saying be familiar with what they are...

...and be ready for them to be used against you in any possible way. I have no idea what the law is in that particular city of that particular state, but I do know that, in general, the laws about what you can do in front of businesses in urban centers are pretty strict, usually to be used against the homeless for "loitering." Use common sense and know the law. And a video recording will beat your verbal testimony over that of a law enforcement officer every time if you are right.

[ooglymoogly]

54. yes you are right and your advice is wise and well meant.

just say'n

[ms liberty]

3. You need a lawyer...

I'm thinking it would get thrown out of court, just because you weren't mirandized. The free speech issue is more important of course. Didn't they just have an issue with an out-of-control cop busting into someone's house there in Asheville, too?

[burythehatchet]

4. Please, PLEASE< we must all give the long arm of the law the

benefit of the doubt. They're just trying to protect and serve ya know.

[baldguy]

21. Protect & serve WHAT?

The people, the law & the Constitution they have sworn to?

Or the corporate oligarchy?

[Breeze54]

22. I think

burythehatchet forgot his sarcasm emoticon. :P

He's kidding!!

[Richard Steele]

5. K&R

[paparush]

6. Hey man, I work in downtown Asheville, just across from Pritchard Park

When I walk to my car, over the Broadway overpass, there have been quite a few people there on Fridays holding signs that say "Honk to Impeach". They're showing the signs to all the traffic going under on 240. They get tons of honks.

I've wondered why I've never seen the cops harassing these wonderful people.

[Virginia Dare]

13. See post #11...

I was kind of surprised to learn how liberal Asheville is.

[loudsue]

7. I'm in N.C. .... further east from Asheville, and I'm outraged by this.

It may be a good idea to call the governor's office about this, and also talk to the atty. general. N.C. does NOT want a lot of bad publicity because of a few fascist cops running loose.

I would also recommend all North Carolinians on DU to e-mail and/or write to everyone in the government, the police dept. all the way up to Raleigh, and protest this mess. After all, it could be any of us!

:kick:

[Breeze54]

8. More people need to go to that bridge in Asheville NC and hold signs!!

I hope he gets a lawyer and fights back and then sues them for false arrest!!
That's harrassment! This shit has got to stop!!!
He didn't even leave the sign there like a lot of other bloggers do!

Southern Freeway Bloggers
http://groups.yahoo.com/group/SouthernFreewaybloggers/

This site is dedicated to free speech and guerilla artists everywhere.
http://www.freewayblogger.com/index.htm


http://www.freewayblogger.com/legal.htm">Is it legal?

YES and NO

YES! Free political speech is a fundamental right under the First Amendment. It is your right as a citizen to display non-commercial signs and banners, with some exceptions. Rules regarding signposting along roadways vary from state to state, and locality to locality. So, call your local department of transportation to find out more. Ask for public relations and say you'd like to put up some American flags and "Support the Troops" signs... they will likely be more than helpful. Don't feel bad if that's not precisely what you intend to put up: this is America, and the rules apply equally to all points of view.

[L. Coyote]

20. GREAT IDEA. Rights must be exercised or we are all going lame.

[Breeze54]

23. Agreed!! -- Public Punditry Contest Winner!

[L. Coyote]

28. This is how to block a sidewalk. Doing it right is a group effort.

[Breeze54]

30. I like that one! -- Here's another way!

;)

[SIMPLYB1980]

9. God I'm ashamed of my State sometimes.

N.C. is getting a lot Bluer since Bush. Lots of Pissed off military families around hear. Calling Hope it gets dismissed.

[Breeze54]

10. Don't be!

It's one or two rogue cops being assholes. We have them here too! :hug:

[SIMPLYB1980]

17. Thanks your right.

:hug: I still hate to hear it though. Makes my great state look like a bunch of rednecks. Asheville, Raleigh Triangle, and Charlotte are the most liberal places in the State.

[Virginia Dare]

11. Somebody was just telling me about how liberal Asheville is..

she went there and saw a lot of anti-war signs and even protesters. Apparently, there are many "artsy" type people who live there.

[supernova]

19. Welcome to DU simplyb1980!

Don't be, there's a sizable NC contingent here on DU. :D

[SIMPLYB1980]

27. Thanks for the welcome.

Not really new just lurk more than I post, been a member for over a year. I love to come hear to get links to spread around the internets like the a digital Johny Apple Seed.

[FourScore]

12. In Asheville??? Really?

It's shocking anywhere, but you just don't expect that kind of thing in a place like Asheville.

[L. Coyote]

14. SUE to get the sign back, and for violation of your rights.

If they cannot produce your property, you have a good case.

That sign is historically very valuable, worth huge amounts of money given it's history. :rofl:

Of course, you can win a "freedom of speech" case too, plus police harrassment, etc. Talk to the ACLU, but remember, they are very busy today.

[L. Coyote]

15. Sell the sign on eBay. Once you have a buyer, you have cause of action

if they do not return it. :rofl:

Make them spend tons on legal fees. Punish them for trampling on your rights. Without punishment, this will not STOP.

[NoodleyAppendage]

16. No Miranda = NO CONVICTION. PERIOD. Get a lawyer and sue the MTF.

Not mirandising an arrested person is a MAJOR NO-NO. If true, any conviction or arrest is likely to be overturned on this "technical" reason.

Go for their throats!

J

[junkiebrewster]

24. Incorrect....

The cops only have to read you your rights if they plan on interrogating you.

[NoodleyAppendage]

48. My bad. Sure? Don't they have to stipulate right to a lawyer?

J

[1monster]

50. They did interrogate him...demanded to know what organizations he was

with.

[supernova]

18. What's the deal w/ Asheville Police Dept?

They try to invade a home for an upside down flag and now this?


:wtf:


And it ain't like Asheville is some ultraconservative place. There's no such thing as "too liberal" in Asheville.

I think the Buncombe Co law enforcement need a talking to.

[pacalo]

25. A DOT violation...oooooo, now that's scary....

when I consider the kind of people the DOT hires. When my two sons were elementary-school age, they were with me in the car on a busy three-lane highway with lots of traffic lights. A white truck was tailgating behind me for miles before it started tooting its horn. The driver was in a hurry & was impatient that I wasn't going above the speed limit, although I had the opportunity to do so since there was about a two-car distance between me & the car ahead of me. Realizing that tooting the horn wasn't going to make me move faster, the driver finally got an opportunity to pass me & there in big bold letters painted on the truck was "Department of Transportation". The impatient, rude driver was a "she" & she shot me the finger. My son in the front seat saw it, I took out my cell phone to call information, got the DOT state office, called the person in charge, & reported her.

As for the protester's arrest, this is strictly the m.o. of Bush/Cheney. The order came from the top, just like the free-speech zones, loyalty oath requirements, taking down protesters' license plate numbers, you-can-only-stand-in-the-ditch qualification, etc. See the pattern?

[Breeze54]

26. I only report drunk drivers who try to kill me.

;)

[pacalo]

35. When it isn't possible to give a hurried, sideswiping idiot a breathalyzer test,

I usually rely on my observation skills during the five miles or so of having her on my tail, tooting her horn, then giving me & my sons a satisfying-for-the-moment "f*ck you" to decide that her state of mind could make her as dangerous as a drunk driver. But it wasn't until I saw that she ironically represented the state Department of Transportation that I decided she should be reported.

[Breeze54]

37. Maybe it was an emergency she had to get to?

Maybe it had to do with Katrina. :shrug:

You did say it was a couple of years ago, didn't you?

I don't know but if I see a state worker who's in a super
hurry I'd guess that maybe they have a reason and are trying
to do their job. Like cops or ambulances or snow plows or maybe DOT!

[pacalo]

46. No, this happened in the mid-1990's.

The fact that DOT vehicles aren't equipped with sirens tells me that responding to emergency situations isn't the norm for DOT workers.

Since I don't live in a cold climate, I'm not familiar with snow plows -- I could imagine, though, that they're very slow-moving & that if they had to have clearance to find their path, they would probably use a police escort. Is that the practice?

[Breeze54]

47. No, best get out of a snowplows way, is the norm here and get behind them!

:P

I've seen DOT cars racing down the roads here heading towards accidents, etc.
I just tend to get out of their way. I've had State police on my tail, trying
to get me to move out of the way, because there was an accident up ahead.
And they drive fast out here!! They come up on you out of no where! :crazy:

I understand why you were miffed at the DOT worker but I was in a really bad
accident once and the highway workers (DOT) were the first responders for me.
I guess I just have a warm place in my heart for some of them. ;)

I wasn't trying to put you down at all. I understand the frustration. :hug:

[DU GrovelBot]

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[chusmeria]

51. My email

This is ridiculous. I sent one to all of the people listed at the bottom of the original post, if anyone wants to copy/paste feel free. Here it is:


This is in regards to the poor man who was arrested for blocking a sidewalk while carrying an "IMPEACH BUSH/CHENEY" sign. Why do you tolerate actions that are borne out of a need to harass people with different political views than the policeman who gave him a citation? Freedom of speech doesn't mean that we are free to speak in a way that only you agree with. Please do not continue this trend of rights violations that serve to silence democracy. Drop the charges against Phillips, apologize to him, and - if you get the chance - please berate the officer who so blatantly tears at the fabric of American values to serve his own ends through a position that is supposed to protect and serve civilians, not harass and make false accusations when our freedom is the expense.

[HuffleClaw]

53. he'll end up with a healthy settlement over this

the recent judgment in the t-shirt case, the couple who were harrassed similarly by some off-duty cop, this stuff isn't tolerated anymore.

[treestar]

55. How comes this never happens to morans with any type of

right wing sentiment on display?

LOL, "blocking the sidewalk!" I guess if the sign said that Bush was the Greatest it wouldn't block the sidewalk!

[Cha]

56. Sorry it's too late to Recommend

this post.

How much money did those people in Texas(?) just get for being arrested protesting bushit? $80,000 clams? Hope something good comes outta this one, too.

[ooglymoogly]

57. I'm thinking we should have a fund on DU that we could all donate

to even small amounts that would add up to something meaningful to help these people on the front lines fighting for our rights...on the barricade's so to speak as RFKjr. puts it...so these people could have help with a lawyer or fines....they are taking risks and we all benefit and they pay the price...I would be happy to donate to such a fund.