Promoted from diaries by Mark Impomeni.
From this story in The Northeast Georgian newspaper on April 16, we learn about another Tea Party that crossed swords with local government. Indeed, Habersham County government took issue with the 75 patriots upset over the growth of government…by telling them they had no right to use government property.
The first relocation, off [Habersham County] courthouse grounds, came at the instruction of Habersham County Commission Chairman Gerald Dunham through County Manager Janeann Allison.
Contacted Thursday, Dunham said, “We’ve asked our attorneys to develop an ordinance or a use policy. The situation yesterday was such that they didn’t ask us for permission. In fact, we didn’t know that it was going to happen.”
What is curious is that, as Gerald Dunham even points out, there was no ordinance to prohibit the peaceable assembly of citizens on government property and, point in fact, only after the Tea Party assembled did someone decide they had to leave immediately (even though event organizers were told by courthouse security officials almost two weeks before the event there was no permit required to assemble on the grounds).
“Obviously we defer to our attorneys on that issue, and basically we’re following their advice,” Dunham said. “We didn’t want to take a chance on not adhering to their advice and it having possible legal ramifications for the county.”
Right. Well, the problem is that County Manager Janeann Allison can’t explain what law was being enforced when they kicked people off government property, either.
“The approach that the county has been taking for people that want to use county property for any reason, we adopted the thought that we are not allowing that,” she said. “We are currently drafting an ordinance, but it has not been completed.”
Asked how long the prohibition of assembly on the courthouse property has been in effect, Allison said, “In the last year, I would say, this has come up.”
So, from Allison’s vaunted position as County Manager, executive dictate is sufficient to kick citizens off government property, even if no actual law is being broken. If this was such a pressing and urgent issue confronting her, why has it taken over a year to cobble some sort of guideline together?
But here’s the even more hilarious part of the story:
Earlier in the day, U.S. Sen. Johnny Isakson, in a radio program, urged all Georgians and all Americans to make their voices heard peacefully Wednesday.
[snip]
Isakson pointed out t in the show he first 10 amendments to the U.S. Constitution, known as the Bill of Rights, allows people to assemble and speak out. He said two of the amendments should be “treasured, especially on a day like today.”
“First is the right to free speech, for us as well as those we disagree with,” he said. “Secondly is the right to freely assemble - and that’s what’s happening today. You’ve got free assemblies where people are expressing their First Amendment free speech rights. That is the fundamental basis of the United States of America.”
[snip]
Reminded of Isakson’s words about peaceful assembly on public property, which had been pointed out during Wednesday’s Clarkesville gathering, Allison said, “Our attorneys differ with that opinion.”
Uh…excuse me?
Fortunately, Georgia State Representative Rick Austin, also in attendance, knew that no laws were being violated by the group and eventually led them back onto government property. But, in the meantime, the County Manager and County Attorney for Habersham County, Georgia evidently disagree with fundamental components of the Bill of Rights. Sweet.
(Hat Tip to Buzz Brockway at PeachPundit)
If someone in goverment says you don't need a permit...
Fred Maidment Saturday, April 18th at 2:33PM EDT (link)…get it in writing.
That way, when someone comes up to say that you’re not allowed on government property, you can show them that yes, in fact, you are.
Especially since it’s your tax dollars paying for it.
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“I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.”
- - Thomas Jefferson, to Archibald Stuart, 1791
Better yet
UpLateAgain Saturday, April 18th at 6:13PM EDT (link)If someone says you must leave public grounds, I would ask for the specific authority. If one exists, they should be able to point it out. If they had none, I would advise them that I was not going to leave, and if they attempted to arrest me, or forcibly remove me, that I would passively resist, and that I would be suing them and the police (or Sheriff - as applies) for unlawful detention and violation of my civil rights.
Cops don’t get to detain you by fiat of the local big-wig. They have to be enforcing law, or they are subject to federal prosecution for civil rights violations as well as civil litigation in federal court.
And even when the US Attorney refused to file charges, you’ll likely get a lawyer to take the civil litigation, because in federal court, you only have to be awarded $1.00 for the lawyer to be awarded his fees. And there are tens of thousands of lawyers looking for work right now.
The cops, of course, know this, so not many are going to follow orders to remove you if there is no specific law authorizing it. But don’t comply with illegal orders to leave. Make them use force to remove you when no law to do so exists, and you own them.
You never never never actually need a gun, until you need a gun, and then nothing else will do.
Sec. 1983 suits by conservatives! Who'd a thunk it? nt
Achance Saturday, April 18th at 6:27PM EDT (link)In Vino Veritas
We have to get used to doing this protest thing! nt
UpLateAgain Sunday, April 19th at 2:20AM EDT (link)You never never never actually need a gun, until you need a gun, and then nothing else will do.
I guess free speach is becoming
candoo2 (dkos funluvn1) Saturday, April 18th at 6:20PM EDT (link)something we need a permit for these days.
Amazing!
I make crude sexual jokes about conservatives.
Leaders
rick554 Saturday, April 18th at 6:44PM EDT (link)I’d watch this Georgia State Representitive , the real Leaders in our country always seem to pop up when they are needed most.
Rick554
Who is Rep. Gresham Barrett ?
SteveLA Saturday, April 18th at 6:52PM EDT (link)I know it’s a bit of a thread jack, but same general part of the country, so figured I’d ask my question in this thread.
Who is Rep. Gresham Barrett and why did the folks in South Carolina boo him at last week’s Tea Party? I don’t follow SC politics, so this Congresscritter is an unknown to me.
______________________________________
Competency over ideological purity
Concentration Camps
clifwest Saturday, April 18th at 7:23PM EDT (link)I have asked before and no one seems to have an answer where the concentration camps will be constructed? These will be the places where Conservative Democrats, Republicans and other factions will be housed for disagreeing with Liberals at any level of government. Now that the Secretary of Home Land Security has branded these people terrorists, they will have to be housed somewhere. The Tea Party people in Georgia are just lucky that there was no place to house them even though they were within what used to be their rights as American citizens. I am waiting for directives from the Administration as to who the chosen ones will be. I know I will not be one of them, so I guess it is time to get my home in order before I am forced to leave. Being a veteran, at least I know I will have a lot of company even if I have no rights. Sad reward for fighting for my country, isn’t it?
No worries
red4ever Saturday, April 18th at 7:34PM EDT (link)We should demand an environmental impact statement for anywhere they intend to build it. It will be delayed for decades.
The hottest places in hell are reserved for those who, in times of great moral crisis, maintain their neutrality.
Dante
5 (nt)
Neil Stevens Saturday, April 18th at 7:41PM EDT (link)Want to run for conservatives? Give.
There Is No Crisis
Is this the county that Jimmy Carter's from?
innocbystr Saturday, April 18th at 7:49PM EDT (link)No, that’s Sumter. Must be close though…
Still scary that the lefties would be in power in a small town (pop @ 13,285) in “flyover” country.
County Commission Chairman Gerald Dunham’s statement that: ““We didn’t want to take a chance on not adhering to their advice and it having possible legal ramifications for the county” is certainly ludicrous. It certainly has legal ramifications now that the tea partiiers Constitutional rights have been violated.
Seems like we need to get a conservative equivalent of the ACLU started.
It's way up in the northeast corner of Georgia,
Achance Saturday, April 18th at 8:19PM EDT (link)where Deliverance was filmed and all. I think the magazine Foxfire is centered there and the Georgia Mountain Fair, so there’s some grooovy people around. But I haven’t been in that part of GA in almost forty years, so maybe some of the locals can give better info.
In Vino Veritas
Great area, near Clayton, Ga and Table Rock, SC
Mike gamecock DeVine Saturday, April 18th at 8:34PM EDT (link)also, part of Deliverence was filmed in Spartanburg County, SC
my hometown
Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” - Andrew Jackson
This is why private property rights are so important
robmikpet Saturday, April 18th at 7:50PM EDT (link)and why leftists want to erode them. In fact for this very reason. So that any protest for any reason will have no place to peaceably assemble. Tiannamen Square anybody?
Regurgitate A Peach.
66lotuscortina Sunday, April 19th at 1:04AM EDT (link)It is Saturday night. I am drinking my favorite rum with water. For the thirtieth time I am watching Fred and Ginger in “Swing Time” as I left TV years ago. So I thought I would get my daily dose of Red State and read this. I guess I should switch to vodka and get ahead of the curve. Having been laid off in 2004, finding other jobs and getting my job back, I might have missed something. Are we not the government? It seems they have redefined peacefull assembly into anarchy. Lawyers are pigeon holing us into an ever shrinking box. As my little puppy I found three years ago put ii to me last week, “I don’t need no stinking…