The evidence available from Brooksville City Records uncovered following yesterdays event by Mark Adams and John Russell clearly demonstrate that the Brooksville Florida Chief of Police was unconstitutionally mandating requirements of THIS event that were NOT required of PAST events that were of a similar nature in form and function... but NOT topic.
:eyes:City of Brooksville Florida records reviewed by Adams and Russell following the event demonstrated no applications for rallies that had occurred in the past that utilized an electronically amplified public address system on the steps of the old courthouse in Brooksville. Mr Russell and others present at the rally carried out yesterday April 2nd, 2006, had in fact spoken at some of those previous events.:think:
It was reported to this writer by Mr Russell and Mr Adams that in a meeting following the event with Hernando County Florida Parks and Facilities Director Pat Fagan that Mr Fagan had stated unequivocally that other events had taken place on the old courthouse steps where the Veterans event was held yesterday that made use of an amplified microphone or PA system. Yet Mr Russell and Mr Adams stated that a review of the application records going back several years, revealed absolutely NOT ONE RECORD of any rally or event on the courthouse steps where an application the likes of which the Brooksville police chief was requiring was on file.
:silly:On a still more humorous note, was the fact that Director Fagan had to go out to the event and instruct his personnel to turn the power back on out front of the building because one of Brooksville's "Finest..." one would presume acting on instructions from the "Chief," had instructed Hernando County personnel to "turn off the power;" So that Russell had no means by which to power up his PA system.
As the event neared its conclusion, Mr Russell approached Mr Turner the Chief of Police indicating that they would be visiting Brooksville City Hall to obtain a full application in order to set up a follow-up event where the PA system would be put in use for the Veterans to speak. Immediately the Chief started making statements of obstruction, stating that "The City Manager was not in... and was mute once again when Russell suggested that most likely one of the City Managers assistants could certainly provide a permit application....... and the saga WILL continue.
:evilgrin:Russell concluded by stating we are NOT going away. The Veterans Voice WILL BE HEARD WHETHER The Congresswoman Republican Virginia (Ginny) Brown-Waite and her minions (Turner etc) acting to defend her... LIKE IT OR NOT!"
Russell also stated that the Veterans through their patriotic sacrifice have earned the right to speak... but apparently... NOT to be HEARD! It is OK for Veterans to act as a backdrop for a photo-op for a politician like Brown-Waite, but their voices must not be heard by the general public. :eyes:
http://www2.hernandotoday.com/content/2008/apr/02/veteran-rally-goes-without-mic/News
Veteran Rally Goes On – Without The Mic
By TONY MARRERO
Hernando Today
Published: April 2, 2008
BROOKSVILLE - Just past noon on Wednesday, John Russell walked to his Honda Accord parked in front of the old courthouse and started unloading public address equipment as Brooksville Police Chief George Turner and seven other officers from the department watched.
The day before, Russell vowed that his Veterans Voice rally would go on as planned despite warnings from Turner that it was against city code to use the PA system at the event. That policy, Russell contends, pulls the plug on his free speech rights.
For a few moments, it seemed Russell was ready to test the code – and Turner's mood – by using the PA system anyway.
Russell toted one speaker to the top courthouse step, then the other. Out came the amplifier and microphone.
Then he grabbed a can of black spray paint and a couple of old signs, turned them over and wrote "Veterans Unpluged." Even without the necessary second "g," the point was clear: the PA system had been reduced to a prop this day.
He set up a video camera and gave the handful of veterans who showed up the chance to speak.
"I was never going to violate the law," Russell told a reporter. "The veterans are free to fight and die for our country, forever altering their lives and the lives of their families, and they are free to speak as along as they say accepted things."
Russell, a Democrat who has twice run unsuccessfully for U.S. Rep. Ginny Brown-Waite's 5th Congressional seat, says he organized the rally to bring attention to problems veterans are encountering as they seek benefits and services from the Veterans Administration.
He maintains that the county had given him the OK to have the event with the PA system. But Turner, still a little new to the city, checked with the city attorney, who pointed out a chapter of the city code that disallows amplification systems for "the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure." There are exemptions for parades, charity events and events organized by the government.
That's a shaky legal leg for the city to stand on, said Mark Adams, a Valrico activist and Army National Guard veteran who came to Brooksville for the rally. The rally is political, not commercial, Adams said, and the goal is to attract attention to the veterans' words, not the building behind them.
"They're interfering with our free speech rights without any legal authority," Adams said as he clutched a crumpled, highlighted copy of the code in question. "This is unconstitutionally vague and overbroad."
For full story April 3, 2008 reviewing the rally go to link below...
http://www2.hernandotoday.com/content/2008/apr/02/veteran-rally-goes-without-mic/News
For the story preceding the rally where the ordinance cited by the Chief is provided go to this link...
http://www2.hernandotoday.com/content/2008/apr/02/ha-veterans-called-to-rally-at-brown-waites-office/?newsReporter Tony Marrero can be reached at 352-544-5286 or lmarrero@hernandotoday.com.