Today my partner in mudrakery, Eve Alone, gets a phone call from Sergeant Schultz (insert your own Hogan's Heroes ironic reference here) of the Ludington Police Department.  She passes me the phone.  It seems he was trying to serve me something about trespassing that he couldn't elaborate on, but he arranged a place to meet so he could give it to me.  I was with a group of folks in my vehicle so I went to the site with a sense of curiosity and wonderment, and several potential witnesses.

When I got there he was still reticent about explaining what it was about ,saying the papers explained it, and politely handed me the following: 

Included was a similar notice for 201 N. Washington, the address I recently requested paperwork for because of certain ethical questions (some of those are discussed in the Development of Authority: Part 5).  

Trespass Notice 201 N Washington

We all found it rather ridiculous as we discussed it over dinner.  The only thing I have done is put out the public records that would seem to show that two affianced members of the DDA may have violated some rules.  Ms. Venzke or Mr. Tykoski have apparently taken it otherwise, without explanation of their own actions or what I have done to "make them concerned".

I suppose if the corrupt Pentwater politicos can fire Bear Millard from the Pentwater Fire Department for putting up embarassing information about the misuse of public property, these guys figure they can keep me from going to the City Hall and the Police Department for putting up material that shows how the sausage is being made here in Ludington. 

Let's see, now I can't go to City Hall to inspect and scan records for an FOIA request.  Now I cannot go to a City Hall Meeting and talk, in clear violation of the Open Meetings Act, section 3(6):  "A person shall not be excluded from a meeting otherwise open to the public except for a breach of the peace actually committed at the meeting."

 

Views: 1284

Reply to This

Replies to This Discussion

Wow, what on earth did you do that made them worry about their safety??  I would think if you had actually done something intimidating they would have called the police immediately, I would consult a lawyer about your options.

My attorney has been notified, and will tell me something after he quits laughing. 

The only thing I have done that could be considered threatening (to their livelihood) is the research, via FOIA requests, and publication of my DDA series.  I have had no contact with them, except with Ms. Venzke indirectly as pertains to FOIA requests involving DDA records.

You've got to be kidding, and April 1st, April Fools Day is another whole month away. As the understatement of this thread, this is simply Outrageous and Totally uncalled for. In all the years I lived and attended City Hall meetings and such for information around the hall, I've never even heard of any such civil threat being initiated on any person. This Letter of Trespass, yes, I have one too, it's a SOP, standard operating procedure that business owners have in their possession if they need to keep someone unwanted and usually explosive off their property. It's a standard form letter, you just fill in the blanks, then mail it to the individual with cc's to the authorities, simple and dirty to keep the peace. I really don't know your exact circumstances over there on any visits, but if you have been polite and just acting like a concerned citizen without any vulgarity or threats or physical temper tantrums, I don't see how on earth they can enforce it. I see it was signed by Shyster Shay too, he loves you we all know, but this just kicks the questionable acts you are investigating up a big notch in seriousness. I guess he wants you to concentrate on attorneys fees in the future, and leave the question asking to no one else, cause no one else has lately.
Does the local news cast have a "Hall of Shame" segment? This would be a perfect scenario for them.

Well, needless to say, I think you've gotten under their skin X.. lol.

I think its pretty obvious that you have hit some nerves they didn't want hit with your research. Without you showing any sign of being a danger to anyone at city hall or anywhere else in the city, this no trespassing order isn't going to hold up. They can not block you from the premises for simply asking questions and requesting information that you shouldn't even have to pay for like you do.

I was surprised at the timing, it was over two weeks prior I did the thread that might have precipitated this sanction, and about ten days after my attorney alerted the City Attorney about an upcoming legal action.  Apparently this is part of their legal defense...

 

I want to know and think it should be demanded that they either lift that letter or give you very specific charges if they in fact think they can just ban you from an establishment.

Also I think maybe your atty may enjoy showing up with you for your next fioa request to push back on this nonsense?

Possibly a film crew also to make sure either side of that ridiculous assertion can claim something that did not occur? You may even find a crew willing to come in with you just on constitutional grounds.

As Lando points out later, City Hall/LPD has more cameras around it than Hollywood does.  If I have acted inappropriately there, it is on film.  But I haven't. 

I have wrote plenty of letters and E-mails to FOIAC Shay and some to LPD Chief Barnett (though not for a while, he isn't a 'discusser', LOL).  No threats there-- disbelief and annoyance when he violates FOIA laws-- but civil.

It shows why it is foolish to deal with these guys by giving them a call.  They can declare you have said something you haven't. 

I think I would show up just to let them arrest me so I could sue under the constitutionality of forbidding you access to city hall/ police station.
Civil disobedience can be an effective tool in bucking a corrupt system, but its also a resort I don't wish to employ at this time.  Although it is tempting, because I greatly admire Gandhi, MLK, and Thoreau.

I believe you have a valid point RJE, but even if Federal and State law has not granted this power to their governments nor to their divisions, an argument could be legally raised to say that the City of Ludington has this power.  I am not going to test it, except possibly through legal means, as this would be a terrible precedent for stifling information-gathering and dissent.

What's stopping them from doing the same to others who don't agree with the direction (or lack thereof) City Hall is going?  This is an affront to anyone who believes in democracy and open government, as was the blatant policy change of the City's FOIA policy.  A government with nothing to hide should have nothing to fear from openness. 

Thanks, RJE; this could be an option for the future, but it would distract me from some of the other issues I wish to devote my energies to right now. 

RSS

© 2024   Created by XLFD.   Powered by

Badges  |  Report an Issue  |  Terms of Service