Date: Sun, 13 May 2001 03:53:51 -0400 From: freematt@coil.com (Matthew Gaylor) Subject: Jacksonville Hempfest Fliers Meet the Police To: freematt@coil.com (Matthew Gaylor)
Date: Sat, 12 May 2001 02:11:11 -0400 From: cowboy@jug-or-not.com To: Kay Lee <klee@vitel.tzo.com> Subject: JAX BEACH NAZI POLICE
I sent this to Gary Edinger and Dick Wilson, if they don't take it I will find someone Horrible experience at Jacksonville Beach tonight May 11th. So I decided to go to the Jacksonville [FL] Beach Teen Fest to hand out these fliers for Hempfest and talk to some of the bands.
The Fliers read:"
4th annual Jacksonville Hempfest
Let's come and talk, even if you don't smoke marijuana there are lots of things we can use marijuana for right now" (the words Let's Smoke Marijuana Now are bigger than the rest so that phrase kind of stands out) then the bands and date and location and website for the fest.
I wore my hemp jeans and my "pot is an Herb Bush is a dope" shirt. The event is billed on their fliers as "A DRUG FREE EVENT SPONSORED BY THE JACKSONVILLE BEACH POLICE DEPARTMENT" and was being held at Latham Plaza the new park one block west of the old park.
I went out (about 745 pm) and hung out by the side of the stage and handed out a few fliers but not many so then I decided to go and walk around and hand them out to everyone in the middle of the rather sparse crowd of maybe 50 teens and 30 adults of all ages.
When I handed out a group of fliers at one point the channel 4 news crewman came up to me and said "Hey this is a Police sponsored event did you know that?? If they see you they will have a problem with that" I say "it should not matter" and I told them the story about the Hempfest litigation and free speech and public parks.
About 5 fliers out of my hand a 17 or 18 year old teen came up and said "Hey the police are looking for you" I responded "well I am right here, I am just handing out fliers."
About the 7th flier after that this officer (Sgt Evans Badge number 792 walks up and says "Hey this is a police event and Marijuana is illegal and you cant hand those out here" My response was "well I am here to hand out fliers and talk to the bands, this is free speech and I have a right to do this in this public park".
Evans: "You are going to leave now because the police own this property, it is our event".
Bledsoe: "This park belongs to everybody, it is a public park and I am protected by the first amendment right to free speech to hand out political pamphlets"
Evans: "I don't care what you think you are doing here, but this is private property because the police own it and we don't want you here you gotta go" and he started stepping towards me with his arms crossed.
Bledsoe: "look I am just handing out fliers here, we went to federal court and got an injunction to hold a whole festival here, am I going to have to go again just to exercise my free speech?"
Evans: "I know who you are I was at one of your events that is why we don't want you here"
Bledsoe: "What is your name and badge number sir?"
Evans: "s--gt evans" real soft so I could barely hear it.
Bledsoe: "what was that again?"
Evans: "S-a-r-g-e-n-t EVANS" yelling in my face.
Bledsoe: Calmly "Mister evans you do realize that at this time you are acting outside the color of law and violating my free speech rights and my civil liberties and that you can be held personally liable for you actions at this point"
Evans: "yeah I dont care now get outta here"
By this time two other officers approached (Sgt Slatarin #797) and another Sgt. I asked the unidentified Sgt for a pen so that I could write down all of the names of the officers. I was given the name of Evans already. I asked the female officer for hers (Slatarin 797) and
Slatarin: "Slatarin" mumbling as the first officer had. then she told me louder after I asked again. Then when I pronounced it back to her she said: "Look get outta here now or you will be arrested"
Bledsoe"ok ok I am going"
Slatarin "Off the property now and started advancing on me with the other two officers"
Bledsoe: "ok I am leaving" trying to walk and write at the same time
Bledsoe to the unidentified sgt: "I'll give your pen back in a second"
Unidentified Sgt: "you'll give it back now"
So I gave it back and started walking off towards the North side of the park, once upon the bounding sidewalk I asked where the police station was.
Slatarin: "Start walking That way and keep walking for ten miles" pointing towards the west" very sarcastic toe
Bledsoe: "you wont tell me where the police station even is?"
Slatarin: "I told you now git outta here and don't come back"
Bledsoe: "Do you guys even know what the first amendment is, this is political speech, this is a public park and you are violating my right to hand out flyers in a public park"
Evans: "Now get out of here before I kick your ass out and take you to jail, little punk"
Bledsoe: "you made a really poor decision sgt evans."
and I started running because they were still advancing. At this point I was terrified and afraid that I really was going to get beat up by these police.
I ran to the gas station, got directions to the Police station and ran to my truck at the park and left.
I got to the police station and walked in and asked the officer there that "I want to speak to the head man in charge",
He asked what it was about and I explained that the officers at the park had violated my right to free speech and that I wanted someone to uphold my rights.
The officer asked me to calm down and wait, he called for a supervisor.
He (Sgt George Brown #795) arrived about 8 minutes later and asked what it was about.
I introduced myself as "Scott Bledsoe Cannabis Action Network and I was handing out these fliers in the public park where the teen fest is going on and I was threatened with arrest and violence for handing out these fliers"
Brown: "Handing out fliers is illegal in Jacksonville Beach"
I said "really? can you show me the law"
He goes in for 5 minutes and comes back out and shows me the following law:
<italic>
Sec. 3-22. Restricted in public places.
It shall be unlawful for any person to hand out or distribute or sell any handbill in any public place; except that a handbill may be personally delivered to any person willing to accept the same.
</italic>
He started reading it and skipped the part that says Except and everything after it.
Which clearly makes what I was doing completely legal.
I reminded him of the except part as he showed me the written text. and he said "yeah, that means you cant do it".
Bledsoe: "no that means I can do it, I am offering people fliers if they want one fine if not then I move on to someone else, they can take it if they like, that except part is there to make an exception for free speech"
Brown: "well you were loitering"
Bledsoe: "I was handing out fliers"
Brown: "That is a police event, besides police can make you leave for any reason they want, in fact they do not have to even give you a reason"
I was writing all this down....
Bledsoe: "Police cannot make me leave just because they do not agree with what my flier says"
Brown: "well we can and we do and if you go back you can be arrested"
Bledsoe: "are you willing to testify to what you told me here"
Brown: "I dont have to testify to anyone"
Bledsoe: " you will if I subpoena you"
Brown: "subpoena me and get the hell out of my station"
So I left.............By this time I was terrorized and in complete and utter shock. I took me 5 hours to calm down enough to go to bed.
I am usually brave to police but I was very very intimidated by these agressive and violent police.
Is there anything I can do, do I have standing, is this better than the other cases? I am willing to let the BUsh case ride into the sunset to persue this if possible.
Peace
Scott Bledsoe
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