Primary Responsibility of Ludington City Hall

[XLFD]

On February 28, 2011, Exactly one year ago, the City Council of Ludington passed an ordinance that allowed the City Manager to issue a letter of trespass to deny access to public facilities to anybody that the City Manager gauged as a threat to City security.  The next day, a letter of trespass was issued to me. 

I run for City Councilor last year, being permitted to enter City Hall early in the year after getting written permission.  Later on in the year, I get ignored by the City Manager three consecutive times to gain access to the City Hall in complete accordance with the Letter of Trespass for election activities, including a "Candidate's Forum".  My attorney contacts the City Attorney to negotiate the withdrawal of the Letter, but is rebuffed and rebutted.  I never get permission to vote at my polling place that happens to be the Ludington City Hall. 

I petition the County Prosecutor Paul Spaniola for an investigation as concern criminal violations of Michigan election law.  For some reason, his investigation focuses a lot more on baseless suppositions against the complainant than the actual complaint.  Not a big surprise; but the MSP officers investigating the complaint never bothered contacting me to let me know the investigation was over, or get any supplemental information beyond my original sketch of a complaint.

Anyhow, my talk with them said the City's neglect to allow me to vote could lend itself to a civil suit more than a criminal suit, as intent to disallow me the vote would be hard to prove.  I would grant them that, but they also assured me the City was unaware of them having effectively blocked me from being able to vote, and would have extended me that right if I would have asked John Shay for it.  City Manager John Shay does not have the power to decide whether I can or cannot vote!

 

So with the Michigan Primaries coming up, I looked forward to the City notifying me that I had the ability to enter my polling place to vote.  On Monday there was nothing in my E-mails, nothing in my mailbox that allowed me that right.  I sent out the following letter to my federal representatives (Stabenow, Levin, and Huizenga) and Governor Rick Snyder (with some modifications for each) that explained my disenfranchisement because of an unconstitutional local policy.

 

I am writing to you on the eve of the Michigan primaries that are to be held tomorrow, voting occurring in cities and townships across the great state of Michigan. I wish to take part in the vote, but I have been disallowed to do so by a group of people that are in positions of power in my little city of Ludington, midway up the coast of Western Michigan.

I run a local political watchblog that throughout its tenure since 2009 has been exposing some of the questionable practices of our City, County, and regional governments. I had posted a series of articles on our local Downtown Development Authority's ethical lapses, including a mid-February 2011 post which rankled the Chairman of that organization, leading them to petition the City Manager, John Shay, to devise a means to "punish" me for my use of the City's informational webpages and the regular FOIA requests that I made to investigate possible wrongdoing.

 

I was given a "Letter of Trespass" for the Ludington City Hall and Police Station, which said I could not enter those places without first getting written permission from the City Manager. If I didn't I would be guilty of the misdemeanor of trespassing and would be arrested on the spot (a copy is included). Later on via an FOIA that cost me nearly $20, I found that the City had filed a police complaint without my knowledge on me over "linking to a city webpage" that was publicly available to anyone, and a memo to all officers to arrest me if I violated the Letter.

 

I was never alleged to have done anything wrong, although it was said someone on the staff had felt threatened and intimidated by me. Not that I had done anything at City Hall or the Police Station other than get and pay for FOIA requests since 2008, all without incident. The action was to intimidate me from investigating more.

 

My place that I am registered to vote happens to be the Ludington City Hall. I had petitioned the City Manager to visit the City Hall three times in order to run for City Councilor. I was frequently hampered by my inability to enter the City Hall without threat of arrest. A candidate forum was held in October 2011, and the City Manager ignored three pleas from me and three from my attorney in Sept. and Oct. to enter the City Hall to participate in it.

 

Election day came and even though the City Manager, Clerk, and Council knew that I resided in the ward that needs to vote at City Hall, I never received any written permission to. Despite the six pleas of the previous months, there was no way I could vote. I fail to qualify for an absentee ballot, and if I stepped foot on the City Hall premises I was told that I would be arrested.

 

I asked the local prosecutor to investigate the aspects of this disenfranchisement as it pertains to MCL 169.932 (1)(a). The prosecutor used the local MSP from Hart to investigate, and seriously botched the issue. Documents I have received from his office seem to indicate that, and I am in process of getting the investigation report from the MSP. After relating my initial complaint to the prosecutor, I was never contacted except to say he had started an investigation. The investigation had closed, by the time I contacted them in early December. However, I was told by the MSP Fellowes that the City had claimed it an oversight and that they hadn't known about my dilemma. Leading one to believe that it would be corrected, or at least to not happen again.

 

Which brings us to this primary. I am registered to vote, I am willing to vote, but I can't go to my polling place without being under the threat of arrest for stepping onto the property, as I have not yet received written permission to vote. Have I pleaded with City Manager Shay to vote in this primary as I and my attorney pleaded with him before the November election? Why should I, no one else has to, and his lack of responses to my previous requests make me not bother with wasting my time doing so.

Besides the Federal Voting Rights Act of 1965, section 11 says:
(a) No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of this Act or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person's vote.
(b) No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote.

 

The City Manager's policy, passed by the City Council of Ludington, uses the color of law to impose the ban on my right to enter a public place which just also happens to be my polling place. They use the intimidation of arrest, the threat of enjailment to enforce this disenfranchisement of my rights, whether to vote or to attend any public Open Meeting that takes place at City Hall.

 

In section 12, it has a penalty for those who would deprive those who act under color of the law to deprive suffrage: (a) Whoever shall deprive or attempt to deprive any person of any right secured by section 2, 3, 4, 5, 7, or 10 or shall violate section 11(a) or (b), shall be fined not more than $5,000, or imprisoned not more than five years, or both.

 

I realize you are a Federal legislator, not a Federal jurist who may rule on this in the future. But I hope for and pray that you can help me regain some of my rights that have been taken from me by City of Ludington officials by helping me in whatever way you can. Whether it is to do some serious fact-finding in this case, to reveal the truth amidst the complexities, or whether it be to help me with getting some of these issues resolved (though a court solution looks necessary).

 

[RobbyK]

XLFD,

Did you remove my post?

[XLFD]

I haven't removed any post yet this year, I don't believe in that practice unless it's a violation of the TOS, and then I generally leave a post that says I have done so.  What post are you missing, RobbyK?  Perhaps it is in a prior or subsequent page

[RobbyK]

I had asked if you had registered prior to re-registering on Dowland. If you had voted since you moved to Dowland and if so, what polling station did you use?

[Willy]

Robby

I closed my eyes, held my breath, crossed my fingers and toes and eyes  then wished that your post would disappear. Presto. Works every time, so don't tell X.

[RobbyK]

Im sure it will pop up again

Different comp, different day.

You guys talk all your shit and start editing and removing posts? Your as bad as the so call bad old ludington city people

 

[Willy]

Robby

For pete's sakes, it was a joke. What you probably did, which I have done before, is you tried to edit it and forgot to save it after editing. Your name will appear but the post will be missing in action. By the way, don't use the poo poo word, that will get your post deleted.

[Sweater Cows!]

The post is still there, it went blank during an edit like what happened to willy the other night, I have a screen shot of it so RK is getting huffy about something that never even happened!

[XLFD]

Good gracious RobbyK,

The post you refer to is still on page 1, and I posted a reply to it.  Swearing and placing staccato posts are bound to get you a bad rep among the other folks here. 

[Lisa O'Brien]

I don't know XLFD, this letter doesn't ring completely factual to me. To be completely honest Shay has barred you from city hall, police station and the residence of Heather V/Nick T, in order to gain admittance to city hall or the police station according to the LOT - you need to request permission. You did not request permission to enter on voting day - you waited for Shay to send you something stating you could come vote - that never happened. And from what I read of your attorneys letters to Shay I never saw any pleas from your lawyer, I could be wrong but the ones posted just told Shay it was unconstitutional and that they needed to lift the ban ASAP, I don't recall any pleading.

Don't get me wrong I think the whole banning is completely  ludicrous, in Heather's complaint she states you have not done anything threatening to her - just your blog is creating a mob mentality against her. The LOT should have been against the MOB.

The letter just seems to be shy of factual.

[Willy]

In my opinion X is doing the proper thing in requesting for the letter of banishment to be lifted instead of asking for permission to enter City Hall because he is tying to demonstrate the unconstitutionality of Shay and the City's actions. Shay and the City know full well that X's place of voting is at City Hall from which he was banned and they should remove that restriction from their letter of banishment. But they won't because that would show they issued the letter in violation of the Constitution.  If X asked for permission he is in fact showing agreement with the illegal actions of the City by bowing to it's illegality. Just because the City demands X to ask permission does not mean it is legal for them to do so. I agree fully with X's stance on this situation. 

[Lisa O'Brien]

Like I said the whole thing is ridiculous - but currently that is the game being played. By following the LOT it does not show he is in agreement with it - just that he is following the rules. I think when this eventually goes to court it would show that he is following the terms and not being petty. In fact if XLFD has requested permission to go vote and it was either denied or ignored I think that would have proven his case 100% in any court. 

[Lisa O'Brien]

Well not so much notify the city manager as ask permission. XLFD needs to have written permission to enter any location listed on the LOT in order not to be arrested. If it were me I would play the game with the rules they have set forth until the time it comes to court and a judge determines the constitutionality of the LOT.