the act of prohibiting Colson from Keene Central Square violates the Due Process Clause because Colson did not have any notice that skateboarding in the Keene Central Square would result in a police order prohibiting him from entering the square.
Meyer also argues the order is an unconstitutional violation of his Graham's free speech rights as it bans him from a public common, historically used to express ideas.
Finally, in the supplemental memo Meyer points out that the no trespass order was issued without any conviction of Graham for his alleged skateboarding violation. In fact, it was issued instead of charging Graham with violating the skateboarding ordinance. This is the executive branch, via the orders of Keene city manager John Maclean, acting as the judicial and legislative branches. The city council never authorized such a penalty for skateboarding and a charge was never brought before a court, meaning Graham's due process rights were clearly violated. Legally, Keene police officer Jason Short is only allowed to allege a violation - those charges need to be proven in court. Instead, Short found him guilty on the spot and imposed punishment in the form of the illegal "no trespass" order.
The amount of government malfeasance in this case is astounding.Ian Freeman
Robin Hooders' Attorney Jon Meyer Files Scathing Response; City Pulls Parking Enforcer Off Streets. In a motion to amend the city's original filed petition in the Robin Hood case, the city's hired-gun (at who knows what cost to taxpayers) private attorneys have asked the judge to accept new language alleging that Robin Hooders are engaging in a "civil conspiracy" against the city and their parking enforcers.
What's a "civil conspiracy"? The city attorneys' filing claims:
"A civil conspiracy is a combination of two or more persons by concerted action to accomplish an unlawful purpose, or to accomplish some purpose not in itself unlawful by unlawful means."
What were the unlawful purposes or means? They claim in the amended petition that the unlawful purpose was to cause "tortious interference" with the city's employment contracts with the Parking Enforcement Officers.
But, the city already admitted in their initial following that they could not use the existing laws against the Robin Hooders - acknowledging that nothing we have done and are doing is illegal. So is our behavior unlawful or not? They can't seem to decide. Not like the private attorneys care - they just want more billable hours to the city, which will of course be paid by taxpayers.
Essentially their argument is that basic constitutional activity, (speaking to and recording bureaucrats), should be banned because some employee's feelings might get hurt.
Here's what our heroic, pro-bono, free-speech-loving attorney Jon Meyer has to say to that nonsense: One day before the city's filing, Jon filed his masterful response to their "Memorandum of Law". In his response, Meyer tears up the city attorneys' memo, standing on constitutional grounds as well as case law. He cites the First Amendment of the US constitution as well as Articles 8 and 22 of the NH constitution as well as various cases including Schenck, where the US Supreme Court found floating buffer zones, like the city wants on their parking enforcers, as unconstitutional. It's worth a read.
Stay tuned here to Free Keene for the latest on the Robin Hood saga. Meanwhile, on the streets of Keene, Robin Hooding continues unabated, while the city has pulled 1/3 of their enforcers off the street. Alan Givetz is apparently on desk duty and has been for weeks.
Feel free to get in touch with me if you have questions or would like to interview an activist,
Robin Hooders go to Cheshire Superior Court 6/10 @ 9a; Rich Paul to be sentenced 6/7 @ 1:30p. As you probably know, the Robin Hood of Keene story has been getting international press coverage recently. The first court hearing has been set for June 10th at 9am at Cheshire Superior Court for the civil case that the "City of Keene" has filed against the heroic activists. Additionally, Rich Paul, who took charges of selling cannabis to a jury trial, faces down a possible 81 years in prison at his sentencing date of 6/7 @ 1:30p. Facebook events for each hearing have been posted to Free Keene.
In other news, a Robin Hooder encountered a parking enforcer targeting people who were attending a garage sale this Saturday. Apparently they are so desperate for cash, they'll go after yard salers! Here's the story, with photo.
Robin Hooders wanted to thank the city people for the millions of dollars' worth of free press they helped generate. I can't begin to list all of the wonderful coverage Keene's Robin Hooders have received over the last week. The press has been huge. Good Morning America, Fox and Friends, BBC, AP, Reuters, The Telegraph, NBC, MSN, and beyond. It's impossible to quantify the dollars that this coverage has been worth, so the least the liberty activists in Keene could do was buy some flowers and deliver them to the City of Keene for filing the lawsuit that sparked the avalanche of coverage!
The video of the delivery of the flowers is here at Free Keene.
Also recently at Free Keene, Robin Hooder Garret Ean responds to city manager "Prince John" Maclean's letter to the local newspaper where he claims their suit is all about protecting their employees and not revenue.
Plus, NH Labor News comes out against Robin Hooders and issues a huge unintentional compliment to the Free State Project, claiming that the FSP is having "Significant impact on the state"! That's pretty good, considering the migration of FSP participants is only at around 5%! We're just getting started.
Stay tuned to Free Keene for the latest.