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."
Tags:
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.
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 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.
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