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).

 

[XLFD]

Lisa,

My attorney has already started the process after some diligent research into the appropriate topics, some seemingly without much precedent.  It is in the Federal court system, and I am pretty much out of the process, besides offering supplemental information, at this point.  Thank goodness. 

I will try to share the progress and the process when it is sagacious to do so, being that the other side are diligent Ludington Torch readers.

[AQUAMAN]

Thanks for the obvious clarification Willy, not so nice a try by others though. Marty, do you know if the LDN editor is Benoche, Petersen, or Evans? Or maybe even Ralphy?  If so, they have a direct conflict of interest, and that could explain the obvious bias against X. Speaking of him, good luck in the continuing quest for knowledge and legal info. to override the COL.

[Marty Redman]

Glad to hear that you are not taking on all of this by yourself, and I hope your lawyer is working hard for you.  You have enough people with power working against you in Ludington.

[AQUAMAN]

Just fyi Larry and other newbies, this site is on a shoestring type budget, it's not as fancy as facebook or twitter, nor others with vast sums of money to pour in. But, the Torch does have a section for donations if you want to be generous enough to participate. I believe this site has a lot to offer as it is, many times you will have to try clicking on something of interest to follow-up on other subjects of interest. If you want to make your own thread on any given subject, please do so, no one article or thread is more important to any than another. One example, if you are into sports, is that we have college, the NFL, baseball, and several others if you join the club there. You can't appreciate the entire site unless you spend some time with it imho.

[AQUAMAN]

If you insist on better service and options, don't expect everyone else to donate to your whims and desires here, it's rude and presumptuous on your part, esp. for someone that just joined for jokes and folly, not serious debate and analysis sir.

[AQUAMAN]

Spinning the truth does you no good here Dale, just impersonates another falsehood, got-cha! Maybe you should consult again with your alter-egos, that of Sir Larry and Curly (Robby) Joe, eh?

[Marty Redman]

Dale, I have to ask, it does seem suspicious that you Lanny and BobbyK all came in at around the same time, and have carpet bombed the site with faulty reasoning and skewed logic.  It looks like XLFD must have struck a nerve somewhere.  If you have some time check out his brief in the CI2DC group.  http://ludingtoncitizen.ning.com/group/cityhallis2damncorruptmoveme...

Is that what you are trying to suppress now, all the crimes the city of Ludington guv'ment has done?  Go to The Huffington Post if you want to carry on your type of discussing.

[RobbyK]

Mary,

Your as paranoid as the rest of them. Why would the City or the "opposition" need to do anything when X has people like you and your buddies to give credence to Heathers accusations? Isn't that where it all began? See how YOUR faulty reasoning and logic helps X in the end. Do you really believe the "Opposition" or city would be stupid enough to come on here and interfere with an ongoing case? That's just absurd. So now you want us to leave? Who's attempting to suppress? You guys truly cant handle having different opinions in your area, can you? Sad, paranoid and obviously scared. IMO

[Willy]

Robby

I persnonally don't care if you stay or leave. What I would like is to see is some intelligent application of the information provided on this forum regarding X's situation. I haven't seen any of that from you 3 newbies. You draw conclusions like an artist with no arms but I still am hoping for the day when you can  demonstrate that you are able to digest information without reversing it's logic.

[Willy]

Larry

Again, you demonstrate why you lack any credibility. Again you make an absurd observation without reading the posts. Again you draw conclusions based on not knowing what you are talking about. Go back and read Robby's post and you will get your answer. People are wasting their time communicating with you. Do something intelligent like reading comments posted on a topic before you hit the keyboard.

[XLFD]

Marty,

Glad you caught that brief, I just put it up earlier today.  Thanks for your support. 

RobbyK, if the City of Ludington really believed in open government and investigation into improprieties, and yet have done nothing so far as to anything we've posted here, does that make you feel comfortable?  Do you enjoy not having an official reaction to any of the problems we have put up regarding nepotic behavior, rigged bidding processes, or no competitive bids at all where they are required?  Expenses like water tower painting, rebuilding an unneeded bridge, and marina tweaks that cost a bundle, when there are plenty of infrastructure problems that see less money and time thrown their way each year?  

If you love another million put into the end of West Ludington Avenue to "beautify" it, just think of how many sidewalks near our schools could be put in for that same amount. 

[AQUAMAN]

The bottom line is, when does anyone, anybody, any sane person newly join a talk forum, without reading and digesting it's former and present conversations, with respect and objectivity?, but with callous and belittling comments of their own? These types are usually ousted/banned immediately by respected creators/monitors. And then go on to be condescending and assaulting to the forum's main creator and contributors? Just for the sake of wth? Another dagger placed and placarded by the COL is what I think, and for what? Cause you can't win in court, nor a court of public opinion if all be known? This is what TRUE PARANOIA is about and how it promotes itself..........it's despicable and plain out childlike behavior,......but what can this forum expect.........it's hit on so many sores and corruptions within Ludville, that these people have no choice but to attack, and be rude, it's their only option now that the TRUTH is being EXPOSED in Depth and with facts thru FOIA's. Followed by court rulings that will undeniably be against them. But, nice try anyhew, you might succeed in your own inept and bankrupt minds, but you don't impress the rest of us. Your pettiness here only reinvigorates the cause, and it's continuance, to a conclusion that you obviously will be crying about later, not to mention, now already. Feeble attempt, not worthy of compliment.