Dateline Missoula March 3, 2010.
A street kid, Jacob Wilson, Age 20, currently attending the University of Montana for Sociology was out and about the bars on Higgins Street Monday evening, and came upon 3 big University sports players surrounding and harassing a smaller weaker guy. Being the good samaritan type, he immediately interposed himself in the intense situation and proceeded to talk to them for 45 minutes until 5 police arrived.
One of the policemen took him aside and badgered him with threatening body and voice behaviors. The kid was really scared. The policeman wanted to find out if this kid knew the identities of the participants of the situation, but the kid didn't. Then, the policeman switched tactics and because they were outside a bar, demanded that the kid take a "breathalyzer test." When the kid "no", because he hadn't had antyhing to drink, the policeman said that it was to bad "the city hadn't given him the power to write the kid a $300 ticket for refusing." But, he brightened, I can give you a ticket for Minor in Possession (M.I.P.), instead. So he gave the kid the ticket. The kid had nothing in his possession and was taken before a City Judge, where he pleaded "not guilty with Jury Trial." The judge released him on his own recognizance.
I talked to the kid yesterday and he was very upset and didn't know what he was going to do. The criminal M.I.P. offense carries a fine but no jail time, so he is S.O.L. getting a state public defender. I suggested he go to legal aid and ask for their help. I will try to keep you informed as his "case" progresses.
Dateline March 22, 2010...
The City of Missoula will take up legislation on this date to Consider an ordinance amending Missoula Municipal Code Title 10, entitled
"Vehicles and Traffic," by adding Chapter 56 entitled "Refusal to submit to alcohol
and/or drug tests" and enacting sections 10.56.010 through 10.56.030.
Passing this ordinance will allow City police to give a $300 ticket to "anyone" refusing alcohol and/or drug tests demanded by the police. This ordinance will violate Our Right to Privacy (Art. ll - Section Sec. 10, MT Const.); Our Individual Dignity (Art. ll - Section Sec. 4, MT Const.); Our Individual Dignity (Art. ll - Section Sec. 4, MT Const.); as well as other Rights Unemnumerated (Art. ll - Section Sec. 34, MT Const.).
So why is the Missoula City Council doing this instead of exploring programs to help their constituents with alcohol dependency? Alcohol is a Drug — the most commonly used and widely abused psychoactive drug in the world. It is completely legal and easily and readily available and alcohol is a disease — a chronic, progressive, fatal disease if not treated. And, Every year, more money is spent promoting the use of alcohol than any other product. So why isn't Our City Council doing more to combat the effects of alcoholism?
One answer is to look at ALL the revenue that various levels of government receive from the sale and promotion of alcohol and related products. Now, go ahead and ask yourself and ask your City Councilors, what will this new $300 ticket do to combat alcoholism? If the City Council is so concerned, why don't they just ban the sale and/or consumption of alcohol in the City? It is a Dangerous Drug after all.
As always, Think about it and I’d like to encourage your comments about this important topic. Please feel free to ask your City Councilor, County Commissioner for their stand on this important issue.
Rick Gold
Missoula, MT
Showing posts with label privacy. Show all posts
Showing posts with label privacy. Show all posts
Wednesday, March 3, 2010
Tuesday, August 4, 2009
Violation of our Right to Privacy, Missoula, MT
A couple of weekends ago, a quiet artist friend, John R., decided after I had encouraged him, to "try" tabling (selling his art) on the streets on Missoula. He was very reticent and nervous, so, he set up his table next to ours on the corner of Broadway and Higgins. After a couple of hours and a few conversations, John and I were approached by Lori, a downtown ambassador with the Missoula Business Improvement District. She asked to see John's Business license and i said that he was tabling with us and checking out tabling. She said that since he had his own table, he was required to get his own business license.
Accordingly, last week, John went online, downloaded and filled out the ITINERATE VENDOR BUSINESS LICENSE APPLICATION, then went down to the Missoula City Recorder's Office to pay his $72.00 business license tax. After he got to the City Recorders and handed in his application and tax, the clerk told him that he would have to pay an additional $42.00 for a background check.
An excerpt from the "How to Apply for a Business License" page of the City Recorder's office:
"Mobile/Street Vendor: A mobile or Itinerate Vendor is anyone soliciting or providing goods and/or services in the City of Missoula out of a temporary location. All mobile vendors must pass a background check and route the application before they can set up for business. " http://www.ci.missoula.mt.us/index.aspx?nid=810
Webster's Online Dictionary defines Itinerate as "to travel a preaching or judicial circuit."
John immediately asked the clerk, don't I have "The Right to Privacy" and isn't a background check, an invasion of my privacy and therefore, a violation of Montana's Constitution?
Article ll - Section 10: Right of privacy. "The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest."
The Clerk said she didn't know, that he would have to go talk to the police! But exactly, who with the Missoula Police Department is a Montana legal Constitutional scholar, she didn't elaborate.
He then asked her, what if anything in this background check would prevent him from getting a Itinerate Vendor Business License, again the clerk said she didn't know that he must talk to the Police! So, he left without getting his license.
First, all Missoula City personnel and elected officials, are paid by The People of Missoula. They work for US. Each and every one of US.
Second, who at the Missoula Police Department is the Montana Legal Constitutional Scholar, besides each and every policeman's duty to the Montana Constitution? Before City Councilors, the Mayor or the Police assume office, (including their "Rules of Professional Conduct") they must swear the following oath of office: “I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God).”
Third, who set up this invasion of privacy and where were/are our City Council or any of Our City Legal Department, who have ALL sworn these oaths of office to Our Constitution?
Fourth, How many good business people in Missoula have had to endure this unwarranted invasion of their privacy? Is it possible, that, because of the inaction of Our City Councilors and City Legal Department and the continuing mockery of the Missoula City Clerk's business license process, the people of the City of Missoula, now face, a class action by harmed business and other people?
Finally, how many other, little violations, of Our Montana Constitution, have our City Council and our City Legal Department, ignored and who is responsible, within all these great minds to check the Constitutional validity?
As always, I'd like to encourage your comments about this important topic. Please feel free to ask your City Councilor or Your City Attorney ...
thanks,
Rick Gold
Missoula, MT
Accordingly, last week, John went online, downloaded and filled out the ITINERATE VENDOR BUSINESS LICENSE APPLICATION, then went down to the Missoula City Recorder's Office to pay his $72.00 business license tax. After he got to the City Recorders and handed in his application and tax, the clerk told him that he would have to pay an additional $42.00 for a background check.
An excerpt from the "How to Apply for a Business License" page of the City Recorder's office:
"Mobile/Street Vendor: A mobile or Itinerate Vendor is anyone soliciting or providing goods and/or services in the City of Missoula out of a temporary location. All mobile vendors must pass a background check and route the application before they can set up for business. " http://www.ci.missoula.mt.us/index.aspx?nid=810
Webster's Online Dictionary defines Itinerate as "to travel a preaching or judicial circuit."
John immediately asked the clerk, don't I have "The Right to Privacy" and isn't a background check, an invasion of my privacy and therefore, a violation of Montana's Constitution?
Article ll - Section 10: Right of privacy. "The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest."
The Clerk said she didn't know, that he would have to go talk to the police! But exactly, who with the Missoula Police Department is a Montana legal Constitutional scholar, she didn't elaborate.
He then asked her, what if anything in this background check would prevent him from getting a Itinerate Vendor Business License, again the clerk said she didn't know that he must talk to the Police! So, he left without getting his license.
First, all Missoula City personnel and elected officials, are paid by The People of Missoula. They work for US. Each and every one of US.
Second, who at the Missoula Police Department is the Montana Legal Constitutional Scholar, besides each and every policeman's duty to the Montana Constitution? Before City Councilors, the Mayor or the Police assume office, (including their "Rules of Professional Conduct") they must swear the following oath of office: “I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God).”
Third, who set up this invasion of privacy and where were/are our City Council or any of Our City Legal Department, who have ALL sworn these oaths of office to Our Constitution?
Fourth, How many good business people in Missoula have had to endure this unwarranted invasion of their privacy? Is it possible, that, because of the inaction of Our City Councilors and City Legal Department and the continuing mockery of the Missoula City Clerk's business license process, the people of the City of Missoula, now face, a class action by harmed business and other people?
Finally, how many other, little violations, of Our Montana Constitution, have our City Council and our City Legal Department, ignored and who is responsible, within all these great minds to check the Constitutional validity?
As always, I'd like to encourage your comments about this important topic. Please feel free to ask your City Councilor or Your City Attorney ...
thanks,
Rick Gold
Missoula, MT
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