Sorry for the late notice folks, but if you have some time and inclination tomorrow, there will be a First Amendment protest over an incident at the Grants Pass Public Market that resulted in not just a citation but Criminal Trespass 2 charge.
Judging by the description below, this was nothing more than government by anti-Constitutional force and needs to be checked and pushed backwards...Hope we can have a good crowd with cameras and signs.
Background details, as told by the defendent Rycke Brown, follow...
I was warned at the City Council meeting that the DA had decided that he could charge me with criminal trespass. So it was no great surprise to hear, when I got to Market, that they were gunning for me.
I picked up my normal Market stalker fairly quickly, telling me, "You were served with an order to stay out of the Market!" I thought that he was talking about the Grower's Market letter and I said, "And they refused the reply!"
"That doesn't matter! You have to stay out of the Market!"
"So call the cops!"
He asked me, "Do you have someone to take your stuff?" Like they were actually going to take me to jail! I considered the question; that would be really stupid, but so would citing me for criminal trespass for petitioning in a public market. You never know how much unnecessary evil these guys are willing to commit when they are mad.
More likely though, that this fellow is clueless about the jail situation. He just thinks that "criminal trespass" automatically means jail.
It took them a while to get there; I was relaxing in the shade of the cypress trees outside the market, talking to a gentleman while I set up for petitioning. When the cops wanted to interrupt, I told them to wait a minute, and pretty much finished my story about being cited for signs last year before they interrupted again.
They told me that I had been trespassed from the Market; I had to leave, now. I told them that I had left; I was standing outside the Market, past the sidewalk which is outside the Market, in the bark. They had to confirm this over their radios while I said, "Boy, don't you even know the rules you're trying to enforce?"
Then I made their life easier by telling them that I was about to go back into the Market to petition, so go ahead and cite me. While one was writing the citation, I lectured the other on the matter. He asked why I'm telling him; tell it to the judge. I told him that I was telling him because he was helping to violate the rights of a citizen and opening himself to liability. He said that since I felt that way, here was his card, and handed it to me. I asked him if he'd read the Constitutions, federal and state; he'd taken an oath to defend them. He said he was just following orders. I said he should use his discretion.
Once I was handed my notice to appear, I asked them what they were going to do next, since I would go right back in and petition. The citing cop told me that he could cite me again. I said that they could hand me paper all day long; are you going to take me to jail? He started to get angry and said, "I could take you to jail!"
"That would make a great story for the paper!" I shot back. Funny how that shuts them up.
He left; the other one stuck around long enough to watch me hand out a few leaflets and petition a few customers. And then it was time to go set up my protest.
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It was later that day that I picked up my mail and found the charge from the DA:
July 15, 2009
Rycke Brown
<address deleted>
Grants Pass, Oregon 97526
RE: State of Oregon v. Rycke Brown
Charges: Criminal Trespass 2
Court No. 09- -M D.A. No. 09-1855-M
Dear Ms. Brown,
Please be advised that the Josephine County District Attorney's Office has filed the above referenced charge(s) against you in the Josephine County Circuit Court. The Court has set an appearance date for your arraignment on these charges for August 5. 2009 at 1:00 pm. An arraignment is a formal court appearance during which the judge will advise you of the nature of the charge(s) against you, the maximum penalties will be explained, and you will have the opportunity to seek legal advice (either retained or court appointed) and you will be given a reasonable amount of time to review the circumstances of your case.
PLEASE NOTE: Members of the District Attorney’s Office will be unable to discuss this case with you prior to your appearance. Ethical standards exist which require that you waive (give up) your right to legal counsel, in writing or on the court record, prior to contacting this office. DO NOT contact members of the District Attorney’s staff, attorneys or secretaries, unless you first follow the waiver procedure.
If you fail to appear, we will request that a warrant be issued for your arrest.
Thank you for your attention to this important matter.
Sincerely,
STEPHEN D. CAMPBELL
District Attorney
cc: Josephine County Circuit Court
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Note that this is not an order to stay out of the Market, like the Market stalker seemed to think. The DA has no authority to issue orders; that is for judges. It is a notification that an accusation of trespass has been filed.
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It used to be quite fashionable in some quarters to say that government is a necessary evil, back when I didn't think evil was ever necessary. Now that I understand it, it has fallen out of use. We need to bring it back, with proper understanding.
One way to understand it is in regard to my antics in the Public Market lately, petitioning and handing out leaflets casually to my friends and favorite vendors--people who want to read what I have to say, and support the cause I am petitioning for, All-Non-Partisan elections.
This offends the market management, and a number of vendors. As the management gets more upset and leans on the vendors not to encourage me by taking my leaflets, they also get upset with me for putting them in a tight spot.
It is not a good thing to offend people; it is, in fact, an evil thing. But in this case it is necessary to defend my rights, the rights of other petitioners and campaigners, and the rights of vendors and the public to have the opportunity to sign petitions and read ideas in public places.
The Grower’s Market managers are offending me and many of their vendors by defending what they conceive of as their right to control what speech is allowed in their place of business. They say that they have a lease and this gives them certain ownership rights over the public parking lot during the hours of their market. I say that they have purchased a permit to operate public market, which is a public venue, like any other street fair.
The place to hash out this apparent conflict of rights is in a court of law. They could have taken their case to a civil court, and attempted to obtain an injunction against my peaceful activity, but that would have required that they show that they are being harmed by it and that they have a good chance of prevailing in court.
The first cop to harass me this year, Gunderson, actually suggested that I go to court to secure my right to petition and leaflet in the public market. I told him that I don’t need to take anyone to court; they need to take me to court.
Instead, they have prevailed upon the DA to charge me with criminal trespass for petitioning in a public market. This steps over the line into unnecessary evil, and opens him and the County to liability for unnecessarily violating citizens’ rights to petition and be petitioned, as well as to free speech. It also uses prosecutorial resources that our DA keeps telling us are in short supply. And it opens the city to liability because their cops went along with the gag rule, citing me to appear and threatening me with arrest.
Ironically enough, the County cops and the DA have been telling citizens who are stolen from by family members that it is a civil matter. Theft is a crime, no matter who commits it. Peaceful trespass is a civil matter.
Taking someone to court is evil; sometimes it is necessary. But to keep from committing unnecessary evil, one must use the right court.