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Politics : THE WHITE HOUSE -- Ignore unavailable to you. Want to Upgrade?

To: GROUND ZERO™ who wrote (17756)	2/28/2008 10:11:10 PM
From: Gersh Avery	Respond to of 25737

They called it solicitation.

To: GROUND ZERO™ who wrote (17756)	2/28/2008 10:31:13 PM
From: Gersh Avery	Read Replies (1) \| Respond to of 25737

sorry .. all three questions 1. What were the charges? I was ticketed for solicitation then arrested for failure to obey a lawful order. 2. What judge would sign that arrest warrant? I was arrested on the spot. There was no warrant. 3. If you were doing nothing at all but gathering signatures and were arrested, you would have a mammoth law suit filed against the city, how come you don't? The ACLU is still debating my case. Here is the complete narrative: Series of events On Thursday 9/27/2007 I drove through the village of Clinton by accident. I thought US-12 (Michigan Ave) went to Jackson. Jackson also has a Michigan Ave that is a main road. I thought the two were the same road. I had decided to take back roads. I stopped at small fast food and pizza shops, along the way, collecting petition signatures. In the village of Clinton I stopped at an ice cream shop located near the western edge of town. The shop was located along US-12 where it crosses the river. The person that served me pointed out the Clinton Fall Festival was about to take place. He told me that the village expected about 90 thousand people to attend over the weekend. He told me that I should come back and get signatures during the festival. He offered to allow me to park on the lawn of the ice cream shop, during the festival, to help me get close to the center of the village. He said, “Parking is impossible to find.” I told him I would return the next day and probably for the weekend. Friday 9/28/2007 I arrived in Clinton about 2PM. I parked at the ice cream shop and walked into town. I carried my clipboards into town but didn’t put on my backpack sign. Over the next couple of hours, I collected about sixty signatures. I then had to leave to attend to a family matter. I returned about 5PM. Most of the booths were closed or closing when I arrived. I had only been on the main street (Michigan ave.) of the town until then. I noticed more booths around the corner from where I had been. I found a booth open in front of the United Church of Christ. I was received warmly. I thought that I might be able to get the help of the church to gather signatures. I decided to come back the next day and talk to the pastor. I then left for the day. Saturday 9/29/2007 I arrived at the village of Clinton about 11:45AM. I parked at the ice cream shop located near the west edge on the village on US-12. I put on my backpack sign, picked up my clipboards and walked east along Michigan Ave. I passed one side street that had been blocked off for food booths. I used the barricade blocking the street for support so that five or 6 people could sign. I continued east on Michigan Ave. for a few more feet and four of 5 more signed. Then someone ran up and handed me a couple of Ron Paul flyers. I put these off to the side to look at later. Seconds later the chief of police was telling me to step off to the side so he could speak to me. This was at about noon. He told me that the village of Clinton had an ordinance against soliciting without a permit during the festival. I told him that soliciting required an element of money exchange and that was not present. What I was doing was called petitioning. I told him that the United States and Michigan Constitutions protect petitioning. That local ordinance could not possibly trump them. He asked me if I was a local resident. I told him I was a resident of Michigan and a citizen of the United States. They then took me to the police station. At the station, the police chief offered to let me go with a warning if I would stop gathering signatures. They said that they had the options of a warning, a ticket or taking me to jail. I asked them to write a ticket so I would have documentation. I then asked if there was a map of Clinton available. I told them I wanted to know where the edge of the village was. They told me “we don’t provide maps.” They wrote the ticket and then gave me a ride back to my car. While we were on the way I asked the woman officer if the river was the edge of the village. She said nothing. I asked again louder. She again said nothing. I asked one last time and again she said nothing. She dropped me off at my car. I got on the phone and called MCCC for instructions. Got the answering machine. I walked up to someone that looked like they lived there and asked her if the river was the boundary. She told me she thought it was. I walked across the bridge and turned around saw a sign that said: “Welcome to the Village of Clinton.” I continued to walk west an additional fifty or so feet and faced the stream of people who were walking east into town. Within five minuets, the village police came. I told the officer I honestly thought I was outside the village. I asked him where the border was. He waved his hand toward the west and said something like “on this side of the road, go out that way about a mile..” I believed him to be lying. However I still wanted to try not to go to jail. I asked: “How about the other side of the road?” He responded: “You really want to keep pushing, don’t you?” I told him: “No. I’m trying to determine how to respect your orders and do my work as well.” I paused, realized he was directing me into areas where I couldn’t possibly talk to anyone at all. And that he was probably lying to me to do so. I told him: “You may as well take me to jail.” He then loaded me into his car. He placed my backpack sign and my clipboards into the car trunk. I was turned over to the Lenawee county jail. From the holding cell, I called my wife and asked her to contact Matthew Able; attorney and Krystal Martinez of MCCC. I then asked the deputies how much my bond was. He told me $200.00. Matthew Able had called a few minuets before and had been told my bond was $100.00. I was able to contact my wife so she avoided driving to Clinton without enough cash. My wife bailed me out at about 5:30PM I asked for my sign and clipboards. They told me that Clinton might have thrown them away. And I needed to ask the Clinton police. We drove back to Clinton. We stopped at the police station. The cop that drove me to the jail answered the door. I asked for my sign and clipboards. He told me that they were going to keep them for evidence. Then he decided to check with the chief. They told me to step in and they would get my stuff. My wife dropped me off at my car. I went to the United Church of Christ to talk to the pastor there. I found someone there that looked like a parishioner. I asked who to ask for and when I might be able to contact the pastor. I was told to ask for pastor Tom the next morning. I then left Clinton and went home. Sunday 9/30/2007 About 10:30 AM I arrived back in Clinton. I found parking on Michigan Ave. close to Tecumseh St. I walked south about three blocks to the United Church of Christ. Someone was there at a booth/table at the corner. There was a UCC sign on the booth. I asked where pastor Tom might be. I was told he was across the street in the park. There was a outdoor Sunday service going on at the park. As I walked up someone handed me a bulletin. This was an event that was being held by three churches from Clinton. In the bulletin, there was an invitation to stay after service and talk to the respective reverends from each of the churches. After the service I located pastor Tom. I told him I wished to talk to him about what had happened the day before. That it involved me collecting signatures for medical marijuana. He told me that he had to take care of his elderly mother for a moment. He invited me to wait in front of the church while he attended to a couple of other things first. I went across the street and sat down on the picnic table on the church front lawn. The pastor went came up and told me that he had one last thing to take care of inside then he would be with me. He then began talking to a few people on the front steps of the church. While he was talking to them, three Clinton village police drove up on the sidewalk that goes to the front door of the church and stopped next to the table where I sat. This had to be well past even the easement. We were past the sidewalk that runs along the road. Between that sidewalk and the church building. They started talking fast at me about taking me to jail, that I was violating their order. I told them that I was only there to talk to the pastor. They told me that I was not allowed to canvas inside Clinton. They claimed I was collecting signatures and that people had complained that I was bothering them. I held up the boards and pointed out that they were still sealed in the bag they sealed them in the day before. Therefore I could not have collected any signatures. I told them that the people who had complained lied to them. The sealed bag was proof of the lies. He spoke into his microphone and told someone about the sealed bag. I didn’t notice the response he got back. He then told me that I had to leave at once. That as long as I had the clipboards with me, I could not talk to anyone within Clinton. I asked “does that include the pastor?” Their first response was “We can take you to jail on a felony charge of failure to obey right now.” I told them that I was just trying to figure how best to obey and still converse with the pastor. They told me that I was allowed to go to my car and leave the clipboards there. Only without them could I return and talk to the pastor. They told me that I could not canvas with anyone there at all. Even the pastor. I did as they instructed. I then talked to the pastor. I then left Clinton and went home. * end of timeline *