The Candidate Who Couldn't Vote

[XLFD]

Background

On December 30, 2010 I made a declaration in the Ludington Torch that I was forming an exploratory committee to run for City Council in the comments here.  In the next two months, I had at least three communications with my private sector boss (face-to-face, by phone, and in a written change of policy) that intimated that local political forces were putting pressure on him to lessen my political writings in the Torch.  This was during the time when the DDA was being exposed for what it is, with bid-rigging, cronyism, and the using of public funds inappropriately. 

After my attorney had made it clear in mid-February that we were going to initiate legal action to redact the existing record and get an actual legal judgment from the comedy of legal errors that were started just after I had declared to fight a bicycle traffic ticket in court, the City began a process to attack my character.  The City Attorney, Richard Wilson, drew up a Workplace Safety Policy, the LPD Chief tweaked the Letter of Trespass to extend to public facilities, John Shay coordinated the efforts, and both documents were put before the City Council on 2-28-2011 where the Policy was passed unanimously.  That process was eventually detailed in Creating a monster pt 1, ending with me being served with a Letter of Trespass. 

 

Details

In the Letter, it is explicit and without recourse for the person served it, namely:

 

The WSP was never publicly available, a FOIA requested it, but John Shay wanted $38 to show it.  Fortunately, I got a copy of that policy from an ally.  It also is explicit in that it says in the definitions

Nothing else in the policy and letter limit these powers or conditions.  Nor has there been any amendment to either since its inception.  By the October forum for city council candidates, John Shay was wanting to think that the Open Meetings Act allowed me to enter City Hall for meetings, but I could not get to the meeting chambers without trespassing across 400 S Harrison first and being arrested, as per LPD Chief Barnett's standing orders from 3-1-11.

 

Appeals

Throughout the next 7 months I appealed to John Shay and the City Council for leniency several times as revealed in this compilation of E-mails to and from those folks and me:  WSP Communications.  My attorney has been able to focus more of his attention lately in this 9-30-2011 letter, the City Attorney replied followed by my attorney's 10-17-2011 reply.  The City Attorney's next response was beyond arrogant.  And my attorney explained what was going to occur in short order October 27, p. 1 and p 2. 

Including my constant berating of this policy in the Ludington Torch, I and my attorney have made it known to the City that their policy is unconstitutional and illegally impinges on my liberties.  They have never acknowledged this and my ability to enter the City Hall or LPD is totally dependent on whether I can get the written approval of an unelected City Manager, John Shay.

 

Suffrage

The ability to vote has been a concept that many through history have fought and died for.  It's something that many of us take for granted.  I am registered in the Third Ward of Ludington and here is my voter registration card

 

Take a look at where I vote.  Ludington City Hall.  The place where I have been banned from.  The place where I need special permission from the City Manager to enter.  Despite the efforts of my pleas and my attorney's demands, despite my griping about it in my WMOM radio interview, I continue to have the WSP and the Trespass Letter on me full force.  I noticed that the City Manager might not allow me access to vote for myself.  I really wanted to, you know, since this as my maiden voyage into politics.  So I looked at my options.

I could not cast an absentee ballot since I did not qualify to do so by law, my condition meets none of the 6 mentioned by election law MCL 168.758.  That left my only chance of voting to go to Ludington City Hall.  The place where I have been told I would be arrested if I stepped foot on the property.  I waited by my E-mail all day today waiting for some last minute reprieve from John Shay to grant me this basic right.  To vote.  To support myself in my attempt to get on the Ludington City Council, and vote for the Third Ward candidate of my choice.  The E-mail never came.  The LPD never showed up with written permission.  The polls closed.

 

Implications

There is a law that applies here, a serious law, with serious implications for those who violate it MCL 168.932.  The first section says:  

A person who violates 1 or more of the following subdivisions is guilty of a felony:

(a) A person shall not attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector in giving his or her vote at any election held in this state.

 

City Manager John Shay coordinated the creating of the WSP to keep me off the property of 400 S Harrison, Ludington City Hall.  He made that site only available with his written permission under specified conditions imposed by him in that law.  If I had went to Ludington City Hall today, my voting place, I would have been arrested since I had not gotten any permission at all to do so.  None.  He thereby deterred and interrupted my being able to vote through corrupt means (having his police force under orders to arrest me on sight) at the elections. 

As per that section of law, I will begin the process of having John Shay criminally prosecuted for his corrupt behavior in committing this felony.  The City Attorney and Police Chief may also have some culpability, but I'll let the Prosecutor or the Michigan Attorney General figure that out. 

[Marty Redman]

"Angela Brimmer" and that "Sohn Jhay" character love to attack the people who courageously post in this forum in anonymity, but do these frauds ever volunteer their allegiances to the City of Ludington or are bold enough to state their real name or background?? 

I will infer that the attack was on Aquaman, and that it was an underhanded attack from what I have seen them allow here from past trolls.  Angela and Sohn, you definitely should defend City Hall if you feel that way, but try not to do it just by attacking us and throwing out nonsense.

[XLFD]

Lisa,

I have declared to John Shay, and this was stressed also by my attorney, that I should have no need to contact him for permission to enter a facility open to the general public, and notified him that there would be no further communication to do so unless I am elected into the council.

But, I never specifically initiated an E-mail to John Shay requesting permission to come in on November 8, 2011 to vote.  Did anyone else have to?

[Lisa O'Brien]

No, no one else had to but as it stands you are (as far as I know) the only person with a Letter of Trespass not to enter city hall. To me it would have been better to play ball and ask for permission to go vote - until this is all settled in the legal system. As unfair and unconstitutional as this Letter of Trespass seems on face value it's also seems a little obstinate on your part for not following the procedure set out to gain entry. If I was on a jury I would not find Shay guilty of MCL 168.932

[XLFD]

Lisa,

I had discussed orally with the City Clerk about this very issue of voting around the time when I was handing in my nominating petition.  Just to get into the interview at City Hall for the Third Ward position, I had to go through a long series of hoops that involved about a half dozen communications each between the City and me.   

The City Manager wants to continue fitting this law into what he wants it to be, not what it clearly says.  I think with proper presentation in court, we might get even someone like you to cede negligence and impropriety on his part.  Disenfranchisement is a serious charge, and if his defense is:  "Rotta didn't send me a letter begging me to let him vote.", I think he's lost.

   

[Sohn Jhay]

XLFD

I am happy that you did not win but I am not one to gloat or rub it in.  You put up a brave effort and came up a little bit short.  Keep your chin up.

[Lisa O'Brien]

XLFD,

If I were in this position, I would of asked for permission to go and vote. I know you and your lawyer have sent letters stating keeping you out of city hall is unconstitutional, but until a court of law hears the case and makes it's decision, it's legal and you have to abide by their rules. I think you would have had a significantly stronger case had you requested permission to vote and it was denied and/or ignored. 

[XLFD]

I agree that it would be an even stronger case, Lisa, but at the end of September, I had left the wrangling over the WSP and Letter to my attorney-- and as I had stated, my last four E-mails from May 3 onward to John Shay had been unanswered by him. 

I interviewed for the Third ward Councilor seat in April, John Shay, Mayor Henderson and half the existing City Council were there-- and I had the Letter of Trespass on me.  All were aware that I lived in the ward where the City Hall was the polling place.  Just like all should have been aware that the Letter of Trespass prohibited me from entering City Hall for the forum.  They made the law, they need to abide by it as well.

[masonco]

XFLD...If you had contacted Mr. Shay, you could have been arrested for contempt because you contacted him via email...no matter what he claims.

 

Whenever there is a no trespass order, that means the person is not allowed to contact the other parties in any way. So according to my experience if XFLD had contacted anyone in the Ludington offices he could have been arrested for attempted contact. No contact/tresspass means exactly that...NO CONTACT by phone, mail, email or in person.  EMails and text messages are considered as evidence of attempted contact and harassment.

[XLFD]

Masonco,

The Letter of Trespass does not prohibit me from contacting Mr. Shay via mail or E-mail, but I have chose to utilize my partner for FOIA requests and my attorney for contesting aspects of this policy.  The fact that he has not contacted me directly since a request to bring my nominating petition since May 3, 2011 and I have contacted him directly four times,  has made such contacts seem like a waste of my time. 

[Marty Redman]

Excellent presentation of the facts of the felony case against City Mgr. John Shay.  Doesn't that make two misdemeanors and now a felony that he has perpetrated on you in the last year??  If what you have presented in each of those threads is the truth, why is the City Council even voting on whether John Shay should be reappoited, they should be initiating an investigation into your case. 

 

But then they would have to deal with there complicity in this felony! Oy vey! 

[AQUAMAN]

Oy Vey? I had a past, real way past girly friend express the same phrases, in other words, in our language, "oh NO"! Thanks for the very cogent input Marty..........................lol. Quite funny and pleasant to read my friend. Lisa, both you and Masonco make very valid points. salute you both for your valuable contributions as such, thanks.

[Sohn Jhay]

Aquaman

That is hilarious.