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. 

[Sweater Cows!]

Shay is rather Shortsighted isn't he? And all this to protect heather from the great menace ;)who called her out on her throwing city contracts to her fiance' without bids. That note she sent to Shay still cracks me up, I can't tolerate sissy/prissy type girls and of course running to shay like that makes her one in my definition.

 

[XLFD]

No comment on whether John Shay fits that definition.

[masonco]

I believe under the circumstances, you can get an absentee ballot because you are being discriminated against in y our place of election.

 

Have you contacted filing with the federal cours discrimination or bullying claims since  you are being singled out and bullied against (it seems it should fit under discrimination or bullying laws.

 

BTW I noticed that even though she advertised on facebook (paid ad on right side of page) and everywhere else, the election results were not a complete landslide.

 

Another thought. Maybe some of your backers would be able to help fund mailing of the copies of these interactions to those in living in the city of Ludington. Just things to talk with your lawyer about.

 

Meanwhile, check out the FEDERAL bullying and discrimination clauses about not being allowed to enter public property. I think your only option would be to file claims in federal court. What about going to grand rapids paper and Muskegon paper about the discrimination issues?

[Lisa O'Brien]

I'm a little confused did you email Shay first requesting permission to enter the premises to vote or did you expect him to reach out to you granting you permission to enter the premises to vote.

[Willy]

Lisa

I don't think it matters that X did or did not notify him of his place of voting. The fact that his wards voting place was City Hall should have been known to all City officials and should have been taken into consideration when the letter of trespass was issued. The letter was all inclusive regarding X's ability to enter onto the premises included in the letters. Shay has committed a serious breach of Constitutional rights. I can only say that his resignation would be the least of his contributions to rectifying this assault on a citizen of Ludington.

[Lisa O'Brien]

Willy,

While I think the Letter of Trespass was over reaching and unnecessary - since Heather in her own complaint stated the Tom never threatened her, she was just concerned about the "mob" his blog was creating ( and the trespass order does not stop him from posting his thoughts and views here), I think it does matter if he initiated an email requesting permission to enter City Hall to vote (per instructions stated in Letter of Trespass) and never received a reply, or if he thought permission would automatically be sent to him, if it does go to court one could argue that the letter of trespass spells out what he needs to do to gain entry in City Hall and failure to ask permission falls on his shoulders.

[XLFD]

Lisa,

A re-reading of the Letter of Trespass, the only notice I received, shows that there is no avenue of appeal listed therein, nor does it give me the option of contacting anyone to have it even temporarily removed.  The WSP was only available through an expensive FOIA request whose costs were not validated by FOIA policy.  I never even knew of a police report for disorderly conduct that never happened.  I was kept in the dark at every turn, and had to do FOIAs (what got me in trouble in the first place, LOL) and spend money to find out what I did.

Three letters from my attorney that were firmly asking for the policy to be revoked between September 30 and October 27 (and were effectively ignored) and my very public denial to enter the City Hall for a public forum (misrepresented by the LDN), shows a very real contempt for all of my rights, and that the city has... an axe to grind.

[Willy]

Lisa

I understand your point of view however, your presumption is based on the premise that the letter was valid. In my opinion the letter was in violation of the rights granted by the Constitution and therefore was invalid. Furthermore, he is under the threat of imprisonment if he violates the provisions of the letter and rightly so avoided such action by keeping his distance. You also presume that it is his responsibility to notify authorities of his desire to enter city hall but isn't it reasonable to presume that the authorities have the responsibility to contact  him to allow his access for voting since they were the ones who denied access and were fully aware of his residence and location of his voting precinct? Any letter which is as far reaching as this trespass letter comes with the responsibility of the issuer to see that the rights of the person it was issued to are protected. This was not the case and the final responsibility falls clearly on the City.

[Angela Brimmer]

As someone that pays taxes to the city of Ludington i find it disturbing that the city has to use my tax dollars to fight legal cases like the one "X" brings upon the city and John Shay. The city has no other choice but to fight. So due to "X's" silly lawsuits my tax dollars are being wasted along with wasting city official's time and energy. Give it up, you lost, the battle is over. Dont waste any more of the city's time, resources, or money on lawsuits brought on by a bitter city resident just because he doesn't know how to ride a bike. Instead of calling yourself "X" or whatever it is, change your name to "Menace to Society" please. Out.

 

And thank you to all those that got out to vote and speak your mind. The people have spoken "X" you are not a factor.

[Willy]

Angela

He's fighting for you and your rights as well as all citizens because what you fail to understand is that the Constitutional rights of all citizens, which includes you, have been thrown in the trash by Ludingtons Governing officials. The fact that you cannot see this only illuminates how blinded and ignorant many small town people can be when their friends and family are in control of local Government offices and policies and how easy it is for them to overlook cronyism and corrupt behavior. Either you have not read X's documentation or you just refuse to acknowledge the truth. Either way, your attitude is part of the problem and why government remains a seething stew of corruption.

[Angela Brimmer]

"X" AKA, Menace to Society, please, there is no need for you to "fight for my rights"! You have wasted enough tax payers dollars fighting for your own rights. If you would like I would love to fight for your right to learn how to properly ride a bike. I'll pick you up and drive you over to K of C the next time they have a "Bike Rodeo" over there teaching elementary kids how to ride a bike and the rules that go along with that privileage.

 

It is unfortunate that the employees at City Hall were scared for their safety when you entered the building and got a No Tresspass put in place for their well-being. I guess that says something about your character. Anyways i'm assuming when this "No Tresspass" was put in place the last of their concerns was "Where does Tom Rotta vote?". So, as it was asked above in a previous post, did you ask permission to come in and vote? You can't expect them to come to your door and invite you to vote. It is everyones right to vote but does everyone? You can't expect the city to send letters to everyone or go door to door to remind them or ask them to come down to the proper place to come vote. So by you sitting by your computer or your door waiting for the city to come calling to tell you it is ok to come vote is pretty unrealistic. Now if you went to vote and they did not let you in that would be a different story. But you failed to show up to city hall to try and cast your vote. Shame on you Thomas. There were thousands of people in the city of Ludington that did not vote and did not show up to vote; do they have the right to claim the city did not allow them to vote because the city didn't send them an email or didn't come to their house to let them know it is ok for them to come down to vote? Again it is your fault you didn't even show up to vote.   

[XLFD]

Angela,

I originally thought you may just be a drop-out of high school Civics class, but the convoluted reasoning you continue to expound in this forum makes me think you never made it that far. 

Did anyone else who wanted to vote and was registered need a special invitation in order to vote at their polling place?