A Missoula Art ll - Sec 4 political picnic...

A Missoula political picnic is a meal eaten by Radicals, outdoors as on an excursion.
And what a political picnic it was last night, Sunday, April 18, 2010, if you happened to be among a bunch of political anarchists called "Food Not Bombs" serving FREE food to any and all appearing by the FREE speech plaza of the Missoula County Courthouse @200 W Broadway @ 6 p.m. These Radicals have been serving FREE food for the last year, rain, snow or sun every Sunday there.
But, last night, a man identifying himself as being from the Missoula City-County Health Department appeared and proceeded to threaten the anarchists because they are NOT a non profit organization and are serving FREE food without their permission or permit.
It appears that the Missoula City-County Health Department now has a policy that you must apply and pay for a "permit" and be granted their approval before you can have a picnic in Missoula.
The "Food Not Bombs" folks countered with the arguments that this violates their freedom of speech and their freedom of assembly. So consequently, there was an impasse last night betwwen "Food Not Bombs" folks and the Missoula City-County Health Department official.
The "Food Not Bombs" folks said that they have the right to picnic at the Courthouse (or any public space)! The Missoula City-County Health Department official stated that they needed permission and a permit to continue sharing free food and that "I will return and be bringing the Missoula police with me next Sunday to the Courthouse and we will be waiting for you at 6 p.m."

Will these Civil servants confiscate (steal) the food?
Will they further harass our gathering?
Will they issue tickets because "Food Not Bombs" activists refuse to become a non profit, or obtain their permission or pay for a license to continue having their political picnics Sundays at 6p.m. @ the County Courthouse @200 W Broadway?

Montana's Constitution guarantees that Montanan's share their Freedom of assembly. Art ll - Sec 6. "Freedom of assembly. The people shall have the right peaceably to assemble, petition for redress or peaceably protest governmental action. The people shall have the right peaceably to assemble, petition for redress or peaceably protest governmental action."
Also, Art ll - Sec 7. "Freedom of speech, expression, and press. No law shall be passed impairing the freedom of speech or expression. Every person shall be free to speak or publish whatever he will on any subject, being responsible for all abuse of that liberty..."
And MOST importantly, Montana's Constitution's Art ll - Sec 3 guarantees that we all have, "Inalienable rights. All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities"; and
Art ll - Sec 4. Individual dignity. "The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or politicalor religious ideas."

So, I ask you Montanan, what about our Civil servants responsibilities to their sworn oaths of office and the protection of Our Civil Rights embodied in Article ll of our Constitution?

And make NO mistake. These Fundamental Rights are Civil Rights not Criminal. And, those Responsibilities were put there specifically to remind us ALL our "duty to defend" those inalienable rights and especially for those whose duty of care and oath of office make it imperative that they act to support, protect and defend Our Constitution and ALL our Rights.

The Montana Constitution’s oath of office (Art. III - Sec 3) is a proactive, affirmative oath. It requires an affirmative, absolute duty to support, protect and defend the U.S. and Montana Constitutions. Once taken, it requires members of the legislature, and all executive, ministerial and judicial officers bound by their oaths to discharge their duties of office with fidelity. They have a sworn duty of extra-ordinary care from the affirmative Oaths of their office to support, protect and defend Montana’s Constitution and thus discharge their duties of office with fidelity. Appellees in framing their arguments do not address what it means to take an oath and be bound to support, protect and defend Montana’s Constitution.

If you want to keep up with my case concerning Montanan's Fundamental Rights and/or read these important briefs:

On the internet go to:

http://fnweb1.isd.doa.state.mt.us/idmws/custom/sll/SLL_FN_Home.htm

Click on: Supreme Court Case NumberEnter either ( DA 09-0675 ) in the box and click search;

or Click on: Party search name and enter Gold;

Next click on Gold v. State and then click onAppelant Brief first then the 2 other briefs and a new windows will pop up with pdfs which you can save and read.

As always, Think about this and I'd like to encourage your comments about this important topic. Feel free to follow this important Case.


Rick Gold

Missoula, MT