The Monster Unchained

[XLFD]

After 423 days of bondage inflicted by Ludington City Manager John Shay using his police state tactics with his City Police Tic-Tacs, the creator of this website has been permitted to freely utilize the Ludington City Hall and the Ludington Police station just like 300 million of his fellow Americans.  

 

What am I talking about?  If you are new to the site, I was issued a "Letter of Trespass" for the Ludington City Hall and Police Station on March 1, 2011.  Instead of rehashing this old news please follow this link  Creating a Monster 1  which also links to two other in the series which explains what happened.   

Since that time, I have been denied the ability to access the services of both facilities, missed the opportunity to attend and speak at 28 City Council meetings, 14 Downtown Ludington Board meetings, a candidate's forum (where I was a candidate) and was disenfranchised from voting at my legal polling place twice.  I have actually (and my friends and family can attest to this) had to divert my driving south on South Harrison Street (or west on Danaher or east on Foster) past the City Hall in my rational fear that the Ludington cops may arrest me for being on their property in violation of the letter (as each lot in Ludington extends out to the middle of the street.)

But now, some of my liberty has been restored, and though I cant say "Free at last" repeatedly, I can still say "Free at last as long as I don't tick someone off at City Hall again".   Here's why.

 

Out of the blue, less than an hour after Sean Phillips was found guilty, 12:54 PM on 4-27-2012 I received this E-mail:

Dear Mr. Rotta:

 

I have attached a letter from me in which I have rescinded the letter of trespass that was issued against you on March 1, 2011 for the addresses of 400 and 408 South Harrison Street in the City of Ludington.

 

Please contact me if you have any questions.

 

John Shay

City Manager

City of Ludington

400 South Harrison Street 

 

 

What precipitated this letter, and the original "Letter"?  Well, all I know is that last year I had only been publishing stories critical of the DDA's policies of using public money for the benefit of private individuals, and occasional stories dealing with other irregular uses of public money, as in the bloated price of water tower painting and installing marina transient docks. 

The last few months, I've had legal battles with the City in the court involving a FOIA appeal and the dismissal of a 40 month old bicycle traffic ticket (with other implications), two investigations so far into voter disenfranchisement, and at least two more major legal actions in the production stage (one or more related to the letter of trespass).  All this while still going strong in publishing articles here about the DDAs continued use of public money by private persons, and more irregular uses of public money. 

Apparently, this is the basis for an improving relationship.  I don't get it either, but we have both been more civil, even joking around, in our FOIA correspondence lately, so maybe that counts for something. 

As for the letter itself, all citizens really need to take a good look at it, and what it implies.  An unelected City Manager can put this on anyone in an arbitrary and capricious manner, and have the Ludington Daily News write a one-sided hatchet piece to sully your reputation and make you lose your job and your good name.  And feel no remorse for anything over 400 days later.  Betcha I don't see anything nice in the paper about this.

These statements may lose me my liberty-with-conditions when any of the above people read my 'ingratitude' over this 'gift' from the City Manager, but the Workplace Safety Policy does have to be repealed, and the public officials who brought it forth need to be sanctioned.  For the people's safety and security.

[Lisa O'Brien]

This is crazy -

I thought the LOT was issued because Heather V was afraid for her safety, not because of your bad relationship with the city. I'm glad you are now able to enter city hall, but to me this letter suggests it wasn't for safety you were banned but rather for spite.

[Willy]

Congratulations X. I agree with you that this situation should not end just because Shay has handed down a "royal" decree that he is backing off his unconstitutional banning. What is so silly about his letter is that he tries to imply that he was not mistaken in issuing the banning and that your still guilty of the charges that brought forth his wrath. The reason for your banning has not changed because he admits in his letter that he thinks your still guilty, so if you were a threat back then, why aren't you considered a threat now? Does this mean that poor Heather is no longer scared of  mean old XLFD? I do believe he may be laying a trap for you so keep an eye out for any possible shenanigans by him and the crew. Because of his statements in the letter, in my opinion, he has poured salt into the wounds. It's like saying "I'll grant you permission to have access to your Constitutional rights but I'm still watching you because your still a threat". As you have suggested, this letter has not resolved the situation of an out of control City Hall who has contempt for the citizens who have granted it it's power. They owe you and the City of Ludington an apology but I doubt that will happen.  His letter demonstrates just how arrogant he really is. Why wasn't his lettered cc'd to Heather since she was the "victim" and the origin of the banning?

[XLFD]

Leaving Heather out of the CC's is a good question to ask, Willy, you are always so insightful.  Another pointed that out to me this morning.  I would guess the reason could be explained away by the fact that Heather's wife is part of the City Council now, and they are saving on mailing costs like they did here. 

[masonco]

HUH? Did you get a certified letter from them? Sometimes emails are not what they seem, but I know you will consult with your lawyer before going any further on this. 

I agree 100% with Willy. Hmmm just thought of something. Maybe the guilty verdict has Shay thinking potential county jurist might not appreciate facts presented if taken to court? Remember there is now an unbiased "just the facts" web site gaining in local popularity and LDN is declining in popularity.

[AQUAMAN]

Well, I must say, congratulations at long last, kinda, sorta, maybe? Well, it's a start in the right direction anyhow, and congrats. It's just too bad the letter's author still has a lingering odor of no remorse and anger underneath, no admission of any wrongdoing, and further intimidation implied, with a dash of arrogance sprinkled in for a recipe that is confusing and rather uncivil. Anyhow, your day in the sun pretty much is now, and go celebrate for the restoration of your civil rights. I'd also follow Masonco's advice on receiving that letter by official USPS mail, not just the email sent Friday, make sure it's authentic and verifiable with your attorney before going in person to city hall first, just for safety and good measure. Methinks they are finally feeling the pressure from the legal actions, and reports and inquiries from elsewhere on high in the State of Michigan too. Thanks for the update.

[XLFD]

Good point, Masonco, I almost forgot that the City's big production last May involved process serving by Sergeant Schultz of the LPD, interrupting a Tuesday outing I had with my family at Spanky's.  This time I just get a lousy E-mail attachment.  But on the good side, it saves me wear-and-tear on my scanner, and gives me the ability to just forward it to my attorney. 

Aquaman, how dare you infer that my bud at City Hall is doing this for any other reason than our growling growing friendship. 

[Dave]

Finally a little sense coming from city hall.

To be safe, I'd take that letter with you whenever you should need to go to city hall.

[XLFD]

And miss the fun of seeing the City Clerks and Treasurers (who didn't get the memo) non-chalantly use their panic buttons, no way!  LOL.

[AQUAMAN]

It's been my experience in business and with co-business owners through the years that a LOT is very seldom, if ever, rescinded. Point of fact is, if the LOT is not observed by the one served, or if the hostility continues in any shape or form with the business owner, he usually gets that LOT extended for another couple of years, just to make the point more effective. Therefore, this letter from CM Shay is pretty important, even with the attached warnings and non-admission of any wrongdoing. That is simply political in nature as far as I'm concerned, so as not to libel the COL into another civil suit, for starting this all in the first place unwarranted and illegally imho. Like I said many times before, the COL will NEVER admit to guilt or any wrongdoing. To me that shows a child's behavioral instinct, and betrayal of the self-worth attitude that anyone can make a mistake, let's go forward on a positive note feeling. It is hard to be humble when you are an arrogant person, so be it. Take this in the best light possible, consider it a victory worth savoring, and go forward on a positive note to the best of your ability at this stage. You'd be surprised how many at city hall are really not on CM Shay's side on this matter, same with the LPD officers.

[Willy]

A lesser person would have rolled over and taken the abuse handed out by City Hall but X did the admirable thing and challenged those in power. He did it not only for himself but for all the citizens of Ludington. So it's important to understand what has just transpired. Shay has not conceded that X was wrongly accused and punished. He has not admitted that city policies regarding the work place safety ordinance and LOTs  and the way they are carried out are unconstitutional and lack due process. He has not, in any way, offered to mend the damage done to X's reputation. He has not offered [as far as I know] to make public information more accessible and easier to obtain, which of course was the catalyst for the banishment. This letter would be akin to releasing a person from jail who was wrongly accused and telling him he was still be under scrutiny and he is forewarned to behave himself. Nothing has been accomplished by this letter. All it means is that X is back to square one minus the LOT. As if he were in a time warp and the last 423 days have not past. The "real" reasons for his banishment still exists and he could be re banished at any point in time. I think the real reason that Shay set aside the LOT is X's opposition to increasing the Mayors term limit. Henderson realizes that a happy X may cause him to back off, which could smooth the way for the passage of the term limit expansion proposal

[XLFD]

Damn good analogy with the jail reference, Willy.  And you may just be close to the truth with the reason, but I think it may be more.  And thanks for the ego boost, and further explaining the universality of my concerns with the Workplace Safety Policy for anyone in Ludington. 

To John Shay's credit, he has been far more reasonable with FOIA requests over the last two months, I even had an appointment to go to City Hall next week to view documents before this letter was issued.

[XWPD]

WOW