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Lone pro-Obama demonstrator arrested at Board of Ed. Get this:

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Smarmie Doofus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-10-09 10:56 PM
Original message
Lone pro-Obama demonstrator arrested at Board of Ed. Get this:
Edited on Thu Sep-10-09 11:01 PM by Smarmie Doofus
the upstate NY ( Orange County - yikes!) small town cops said he needed a "permit" to stand on the sidewalk with a placard. He was razzing the educrats who caved to the RW and refused to show the President's "back to school" address.

Thanks to Ben for letting me post this and good luck in court tomorrow.



>>>>It was a bit of a twisted journey that ended for me today in handcuffs at the Goshen police station.
It began last Saturday with an article in the Times Herald Record reporting that under pressure from a small but vocal group of right-wingers most school districts in our area would not be carrying the president's back-to-school pep talk live. I was especially upset that my district, Newburgh, would be passing the buck down to the classroom level where each teacher would decide for himself whether or not to show the address.

I thought that would be a terrible way to handle the "controversy" since it put teachers in a damned-if-you- do-damned- if-you-don' t position. Some parents would be upset if the teacher showed the speech, others if the teacher refused to show it. But even more to the point, it troubled me that in a mostly Black and Hispanic district like Newburgh some kids, because of their teacher's personal politics or because of their teacher's caving in to political pressure from others, would miss out an historic address by a potentially powerful role model.

Also, I'm just sick and tired of having our national discourse hijacked by the oligarchs and the jack-booted mobs they've inflamed.

So I planned to protest outside the Newburgh Board of Ed this afternoon during the time when Obama's speech would be conspicuously absent from many classrooms. But not wanting to go off half-cocked with my only information coming from a newspaper story, I asked some friends who work in Newburgh schools if in fact the report was accurate. When they gave me conflicting answers, I decided to call the Board of Ed as soon as they opened this morning to get the story right from the superintendent' s mouth.
but of course, being the first day of class, things were hectic at the board and I had to wait for a call back.

I used the time to call other districts and ask how they were handling the matter. To my chagrin, most were taping the speech for possible showing at a later date at the teacher's discretion. But Goshen, according to the district's website, was not going to give the speech any airing at all. Instead, they were merely going to provide a link on their site to allow parents to watch the speech together with their children, presumably in the comfort of their own homes.

It occurred as I sat simmering in front of my computer ( not an at all unusual state of affairs these days) that the kids in upper middle class white districts would benefit every bit as much, if not in some ways more, from hearing the first Black president speaking directly to them than the kids in Newburgh. As much as young inner-city kids needs role models, kids whose parents channel Sean Hannity and Ann Coulter every night at the dinner table need to have their prejudices challenged and the stereo-types debunked.

So I grabbed my trusty magic marker and scribble SHAME ON GOSHEN SHOOLS FOR NOT AIRING PRESIDENT OBAMA'S SPEECH onto a 24 by 30 inch white signboard and headed off to the Goshen Board of Ed.

I positioned myself on the street corner nearest the Board office building and held up my sign for passing motorists and the occasional pedestrian to see.

It's hard to quantify the response to my one-man demonstration, but i would guess that 80% ignored me, 15% gave me honks and thumbs up , 4% thumbs down, and the remainder registered their opinion by using an entirely different finger.

But all in all, things went smoothly for about 45 minutes. Then a cop on a bike came along,

The officer asked me if I had a permit to display a placard on the street. I told him that I didn't think that one was needed; that my protest was protected by the first-amendment. He then informed me that the village of Goshen required all protestors to obtain permission from the Town clerk and that he was sure that I would be granted such permission if I requested it. I told him that I would not want permission even if it were granted since merely asking for it was in itself a recognition of the village's legitimacy in requiring it the first place.

At that point a rather serious looking police sergeant pulled up in police car. He told me leave at once or be arrested. I chose the latter option.

I was handcuffed and driven to the police station where I was handcuffed to a bench.and asked lots of questions while an officer typed up a report. Afer an hour or so, I was released with an order to appear in Goshen Town Court tomorrow.

In fairness to the police officers, they were professional and respectful in the way the carried out their perceived duties. I hold no grudge against them.

But I will not be so tolerant of the judge tomorrow if he does anything other dismiss my case absolutely. No warnings to behave. No lectures. If the judge so much as mentions the requirement of a permit, I will tell him in the clearest possible terms that such an requirement is unconstitutional. Let the chips fall where they may.

To those of you, if any, who have read this far down, thanks for letting me get this stuff off my chest. To the rest of you, I admire your good judgement.

Bennett<<<<<<<
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bkkyosemite Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-10-09 11:05 PM
Response to Original message
1. Here in Medford OR I go at 12 noon with my two signs...one says (the super's name is Long)
Long Not A Role Model for Our Kids. Disgusting. Disrespectful to our Presient. Other sign says White Presidents can talk to kids but a Black One Can't ...Fire Long...A Repubs Attack!!!
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 05:52 AM
Response to Reply #1
12. Disrespectful to our "Presient"??
Hope it doesn't say that. :crazy:
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marybourg Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-10-09 11:09 PM
Response to Original message
2. Good luck to Bennett tomorrow and thank you for standing
up for all of us.
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HughMoran Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-10-09 11:09 PM
Response to Original message
3. Good luck to him
I'll give this a K&R to put in on the greatest page.
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Smarmie Doofus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-10-09 11:13 PM
Response to Reply #3
5. He'll appreciate that, thanks. Anyone know what the law is?
My thinking is that a lone demonstrator does not generally need a permit.
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Terre Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 12:02 AM
Response to Reply #5
7. I Googled "Orange County, NY Demonstration permit"
Which led me to this page:
http://www.co.orange.ny.us/orgMain.asp?storyID=1668&sid=

The Special Event link on this page opens a small PDF application, with conditions and restrictions:
http://www.orangecountygov.com/documentView.asp?sessionID=CAAEJCJBDBFFHJJJJIA&docID=2045

This Special Event permit is summarized as follows:

All functions requiring use of a County Road or County owned property requires a Special Event Permit issued by the Orange County Department of Public Works.

If they're basing his arrest on this, it seems pretty flimsy. Personally, I think the superintendent, just wanted him off the property.
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Smarmie Doofus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 06:10 PM
Response to Reply #7
16. Flimsy indeed.
Somewhere I read that more than one person comprised a situation where there was a "concerted" action... and THIS type of action required a permit. Expressing one's opinion by holding up a sign on what appears to be a public street seems to me to be a horse of an entirely different color. And that color is constitutionally protected.
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proud2BlibKansan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 05:53 AM
Response to Reply #5
13. There is no law that overrides the first amendment
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Pangolin2 Donating Member (560 posts) Send PM | Profile | Ignore Fri Sep-11-09 06:13 PM
Response to Reply #13
17. Not even the laws against threatening the president?
:shrug:
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rhett o rick Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-10-09 11:12 PM
Response to Original message
4. rec 6. It's a start. Maybe it will catch on. nt
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Lifelong Protester Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-10-09 11:15 PM
Response to Original message
6. Rec #7 and good luck tomorrow
Edited on Thu Sep-10-09 11:16 PM by Lifelong Protester
maybe if you had been armed, like the nut-cases who show up at town hall meetings are, they would have left you alone, ....:sarcasm:
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struggle4progress Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 12:45 AM
Response to Original message
8. Tell Ben to be polite to the judge. No interrupting. Brief and to the point
at the appropriate time. It's better if he can contact a lawyer, but if he can't, he might try something like: "The law is unconstitutional, your honor. There is no compelling government interest in requiring a solitary peaceful person to obtain in advance a permit to hold a placard disagreeing with a government decision. The village unconstitutionally chills free speech. I had only a limited window to indicate my disagreement in a timely fashion. I ask for immediate dismissal."
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moriah Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 01:31 AM
Response to Original message
9. In the AM I am going to call the Town Clerk...
Edited on Fri Sep-11-09 01:32 AM by moriah
... and ask what the procedure is to get a protest permit.

I'm willing to bet they'll say one doesn't exist....

(edit to fix typo and to add link to lists of permits issued by the Town Clerk for Goshien, NY -- no event or protest permit listed http://www.townofgoshen.org/town_clerk.htm)
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lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 01:45 AM
Response to Original message
10. You go right there dudie!
Don't forget your pocket copy!
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Smarmie Doofus Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 05:49 AM
Response to Original message
11. Kick nt
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timtom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 06:32 AM
Response to Original message
14. I salute Bennett!
Edited on Fri Sep-11-09 06:34 AM by timtom
He is a true champion of the Constitution in my estimation.

And thanks for posting.
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Vinnie From Indy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 10:51 AM
Response to Original message
15. Good for him!
I think this protestor should seriously consider consulting an attorney or the state ACLU before mouthing off to a judge while standing in his/her court.
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rug Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-11-09 06:17 PM
Response to Original message
18. How did he make out?
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Smarmie Doofus Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-12-09 03:52 AM
Response to Reply #18
20. Looks like he's going to trial.
It made the local paper:

>>>On Wednesday, Weiss refused Justice Thomas Cione's offer to drop the charge in return for a promise to stay out of trouble for six months.

Cione noted the refusal and set a trial date.

"I wasn't here to get off the hook; I was here to destroy the hook," Weiss said outside the court. "What I'd really like to do is change the mind of the fisherman.">>>>>>>


http://www.recordonline.com/apps/pbcs.dll/article?AID=/...
folding@home using the InCrease client
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rug Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-12-09 06:54 AM
Response to Reply #20
21. Sounds like he turned down an Adjournment in Contemplation of Dismissal.
For disorderly conduct he gets only a bench trial in front of the same judge.

He needs to file a written motion to dismiss the charge. Disorderly conduct is entirely different from violating a village ordinance.

PM me if he needs any help.
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trof Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-12-09 08:38 AM
Response to Reply #20
22. Link to story & photo
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Agony Donating Member (865 posts) Send PM | Profile | Ignore Fri Sep-11-09 07:17 PM
Response to Original message
19. "I wasn't here to get off the hook; I was here to destroy the hook,"
"What I'd really like to do is change the mind of the fisherman."
I LIKE that! Ben is my new hero! disorderly conduct usually means they got nuthin'

<snip>
The Village of Goshen police report charged him with disorderly conduct.

On Wednesday, Weiss refused Justice Thomas Cione's offer to drop the charge in return for a promise to stay out of trouble for six months.

Cione noted the refusal and set a trial date.

"I wasn't here to get off the hook; I was here to destroy the hook," Weiss said outside the court. "What I'd really like to do is change the mind of the fisherman."

jsullivan@th-record.com
</snip>

http://www.recordonline.com/apps/pbcs.dll/article?AID=/20090910/NEWS/909100331
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