ImpeachThem — Trouble in Butler City — by Hutch — 6 September 2007 — WE HAVE TROUBLE WITH SOME POLICE AND WE NEED HELP. THIS IS TOUGH TO WRITE BECAUSE IT'S SO STUPID, unnecessary, and also because it's around a legal problem that's come up. So know we need to ask for help. We specially need people to turn out to support us, and we need to arrange with someone to be on hand to record us on video, for legal reasons — more about that further down. Here itFor Freedom is as brief as I can make it: September 3rd, Labor Day Monday, because we are For JUSTICE!publicized around the web that we conduct our weekly vigil on Mondays from 4:30-6:30 pm on and about a footbridge at Cascade Way in Butler (specifics on this below), only Joan and Steve Palmino, and I, agreed to do a short "demonstration" at our usual place there from 4:30-5:30 pm. We knew traffic would not be heavy, but we wanted to be there in case any new comers show expecting the weekly demonstration. Sometime after 4:30 pm, after we put up our giant letter boards spelling out "ImpeachThem.com" on the footbridge, facing the northbound traffic on state highway route 23 north, the 3 of us walked from the footbridge to a grassy area beside the highway, where we planted 3 yard signs (from the Newark rally) that said, "Support Our Troops, Stop the War." A man and his wife on a motorcycle stopped and approached Steve and Joanie, telling them we're aiding the enemy, they have a son in the service, and telling us to take the signs down — all of them.
— Click the pics to see what caused the trouble & read the rest! —

Of course we said no, and though the man was extremely antagonistic, we all kept cool and spoke evenly, never raising our voices to him and his wife. The man whipped out his cell phone and called the Butler cops, and in less than 3 minutes a squad car arrived alongside us.

The young cop ordered us to take down the signs. We told him that we have already had a successful interaction with the Butler police, on July 4th, when two officers ordered us to take the signs down. In that incident, after we reminded the cops of the constitutional protections, the cops rightly said that the footbridge is state owned property. The lead cop called the state troopers and was told — all this in front of us — that we were legal and had the right to post our signs on the footbridge. I remember the older cop got aggravated and shouted into the phone, "Okay, and when these signs cause an accident, you guys can come clean up the mess!" The end of the July 4th incident was the cops left in peace and the older one actually got friendly and conversational with us.

This time on Labor Day, after we retailed the younger cop — Officer DePascale — called in his supervisor, Officer Gordon, who likewise ordered us to remove the signs, citing safety concerns but primarily trying to appease the rabid cyclist. We assured Gordon that the signs hung "inside" or in the interior of the footbridge, so could not possibly fall to the roadway. We also flew the American flag on a pole from the bridge, which was fastened securely. There was absolutely no danger to anyone from the presence of the signs, the flag, or the yard signs.

In both incidents the cops — and the cyclist — cited concerns that our signs would distract people and cause accidents.

Supervisor Gordon had a flash of inspiration and called in from his patrol car. After a few minutes he approached to ask us (a-ha!) if we had permission from the Department Of Transportation to hang the signs on the footbridge. I told him we did not, and that further I am certain that no signs hung over roadways congratulating weddings, welcoming soldiers home, or selling karate lessons, have permissions either. I also reminded him that as we were checked already July 4th and "passed" by the Butler police, I did not consider the DOT line to be relevant, and that invoking such a concern amounts to discrimination against us because someone doesn't like what our sign says.

Gordon explained that it being Labor Day, he could not get precise regulation information, and told us therefore that he was ordering us to remove the signs. I mentioned to him that if we are arrested, it will lead to litigation that, based on past experience (told the cops about Haledon), would only consume the time of Buter's attorney, at a cost to Butler's taxpayers, and would probably result in Butler paying a fine for violation of constitutional rights.

Yeah I know I shouldn't have said it, but I was pissed by this time. The cops proceeded to take all 3 of our name and address and phone information. The young cop asked me for my soc. sec. # and I refused to give it to him. By this time it was 5:17 pm, so being that we had only 13 minutes remaining in our planned time there, we started removing the sign. We told the police that we would be back at our regular time next Monday, and that we hope the Butler police will abide by the constitution and our guarantee to express ourselves on public property, the public commons.

For their part, Supervisor Gordon said he would phone me today to advise me of the right phone number I can call to speak to the DOT. He said the number he used is not permitted to be used by civilians. We asked legal advice and we decided we won't phone the DOT — we should not have to phone them. If there's some regulation the deal should be for the DOT to notify a sign poster of their requirements and explain the process for putting up a sign.

I ask you to help rouse as many friends as we can to agree to show up next Monday to show support for our right to get our message out. I am willing to be arrested for this, and I will not pay a bail.

Of course I'm aggravated because we all have better things to do. However, I will not allow police to stop me from advertising our message along or above a highway in New Jersey.

Regardless of whatever bullshit DOT regulations there may be on the books, I'm sure the first amendment trumps some fine print somewhere, no matter what it says. If some regulation against posting signs on state property/roadways can stop the widespread practice, I can't imagine they can succeed legally by going after our political group while ignoring all the other signs, including specially ones of the right wing variety.

Here are the specifics of the demonstration and location as posted on ImpeachThem.com:

• NEW TIME! Support your country 4:30-6:30 p.m. every Monday on Highway 23 North in Butler!
Bring your HONK 2 IMPEACH! signs and flags to the Butler footbridge that spans over Highway 23. We display our signs and flags from the footbridge and along the highway. Be sure to bring water and a sun hat! Directions are easy: click Intersection of Cascade Way & State Rte. 23 North, Butler, NJ 07405. When you approach driving northbound, there will be a traffic light with Cascade Way on the southbound side of the highway. Be in the right lane, go through the intersection and turn right immediately into a small parking area. There's a safe grassy place where we can stand along the highway, in addition to the footbridge where we hang our huge sign. We don't show when it rains. See YOU Monday afternoon! Contact Vigil Organizer

Based on legal counsel, here's what we decided to do:
Next Monday we ask people to arrive at the footbridge at 4pm so we can explain to everyone exactly how we want to deal with this — there are some legal fine points we need to observe to assure our victory in this. Then at 4:30 we'll start our regularly scheduled weekly demonstration for impeachment. We will proceed to hang our sign on the footbridge, plant our yard signs along the highway, and hold our Honk 2 IMPEACH signs and flags as we usually do.

If the police order us to remove our signs, we will calmly explain our position, which is that we are protected by the constitution and are lawfully engaging in the exercise of our first amendment right to express ourselves publicly. One excellent idea Steve Palmino came up with is if the cops insist we take down the signs, then we can do that and walk the 14 boards back and forth on the bridge, which will actually get us more attention from the cars on the highway! They can't stop you from walking! If the police then say they will arrest us unless we remove the signs completely, then we will go ahead and get arrested. Legally speaking, when we are placed under arrest, we just won our case in the court of law, and we will prevail. If the police and the officers' supervisor/chief has any sense — and don't want to cost themselves and Butler a lot of money — the decision will be to warn us and maybe issue a summons to us on some technicality, such as a permission from Department of Transportation. The likelihood is none of us will spend any time in a cell, and even the chance of a fine of some sort is small.

Recording next Monday on video camera with sound:
It's vital and very important for us to record the entire exchange with police officers. Police often behave much better when they know we can prove what they say and do, and if they try to stop us from taping — provided we are recording in a way that doesn't interfere with "the performance of their duties" — they only make the unconstitutional nature of their conduct more apparent. If they ask us to stop recording, we are to tell them that we're making the recording on the advice of an attorney, because we believe they may be violating our constitutional rights, and the best way for all concerned to analyze whether their conduct IS proper or NOT is with a reliable record of exactly what they say and do. We will also tell them we will be happy to provide them with an unedited copy of the recording if they want it. We have a right to record whatever happens. Will someone who is able and willing to take this important responsibility please step forward? Call Hutch at 973.694.5035 or contact info@impeachthem.com

On the basis of legal counsel, I determined it's not likely that we will be arrested for failure to follow some regulation from Department of Transportation.

A few months ago there was an incident at the Ft. Lee vigil, and the folks who organized it asked for a show of support in order to influence the reaction of the police there. When people show up, it helps. Now we have to ask the same thing. Please help us as you can. You don't have to feel you must commit to getting arrested. Only those who are willing to get arrested should do that. We need a healthy turn out of good people to show the police there are people who really care about our right to promote impeachment in New Jersey. We also need all good souls who live in and around Butler, who are willing to write both the chief of police and the politicians of the town. People who fill this bill should contact me.

Thanks a lot, and please let us know you will help us win the battle for right to say impeach along and above the highway! Please let me know you can be with us as soon as you can.

IN THE MEANTIME, you can help a great deal by WRITING the Butler Police Chief and the Butler attorney. We need POLITE and FIRM statements of support for us and objections to police violations of our constitutionally guaranteed rights to demonstrate our convictions on public property. Here are the 2 primary people at this time:
Chief of Police Edward Card, Township of Butler — FAX 973.838.3454, 10 High Street, Butler, NJ 07405
Mr. Martin F. Murphy, Butler Municipal Attorney - FAX 973.835.1732, 51 Route 23 South, Box 70, Riverdale, NJ 07457
Remember we meet at the footbridge this Monday, September 10th at 4pm. There's not a helluvalot of time to state support before our demonstration, or to ask people and groups to support us, so please act today.

To read the legal response to Butler, click Our lawyer's letter to Butler.
FLASH!!! UPDATE:
Friday, 7 September at 2:48 we received from Bennet Zurofsky, Esquire, Attorney Extraordinaire, a copy of the reply to him from the law firm representing Butler.
Click Butler lawyers' answer. It's clear we're not totally out of the woods on this, but it seems to me that the odds are about 9 to 1 now that none of us will be arrested. We ask that everyone continue to plan to be with us on Monday, and please be sure to park properly in the little parking lot. If it gets full, we can direct you to another parking area just 50 feet away where parking's entirely legal. Our hope is that the Butler police will respect both the letter and the spirit of our laws, and not try to "get" any of us on technicalities such as parking, or not having some permission from NJ-DOT.
Thanks for reading this, and SEE YOU MONDAY!
To e-mail click Hutch or phone 973.694.5035
New Jersey Impeach Groups

PS: Coincidentally, we have our regular monthly group meeting at 7:30 Monday, Sept. 10th in Wayne. Love to have everyone hang with us who comes out to support us Monday at the bridge! Here are the details:
7:30 September 10th • The American people want impeachment and we're going to get it! ImpeachThem.com — New Jersey Impeach Groups meeting 7:30 Monday, September 10th. Join our work to make impeachment happen in New Jersey. Good people, good work, refreshments, true love and affection. Print our Meeting FLYER and hand it out and post it everywhere!
~ The usual goodies! coffee ~ tea ~ bagels ~ true love and affection ~
Address & Directions for 7:30 Monday, September 10th:
NEW JERSEY IMPEACH GROUPS at
Lakeland Unitarian Universalist Fellowship
231 PARISH DRIVE
WAYNE NJ 07470-6010
Phone 973.694.5035

For directions click: GOOGLE MAPS, click "Get Directions" & just enter your address and our meeting address in Wayne. Please RSVP and click Here! Have QUESTIONS? Email the host!
It's time for people to put impeachment on the table!

Quite a good number of people took the time to write letters to Butler's Chief Policeman and Butler's lawyer, thank you sincerely for your time and support. Here are a couple of fine letters that were sent to Butler Police Chief Card:
Sept. 7th, 2007
Chief of Police Edward Card
Township of Butler
10 High Street
Butler, NJ 07405
Fax: (973) 838-3454
Dear Chief Card,
I live near Butler, and I belong to the group ImpeachThem.com. I heard about the incident that occurred on Labor Day, where a biker told my group that they better take our signs down or else. He behaved in a threatening manner towards the group, and then called the police in an effort to manipulate the police into threatening us.

I have the utmost respect for the Butler police department. My husband is a former resident of Butler. I frequent the businesses in Butler. I have attended Butler school athletic activities with my daughter. You have a wonderful town. I have always been grateful to the police for protecting the people who live in the vicinity, including my family and myself.

My friends from ImpeachThem.com were having a peaceful rally on public property, by the footbridge that spans Rt. 23 near Cascade Way. A biker drove up to the group and demanded the group take down their signs. He was antagonistic, and clearly harassing those participating in the Vigil. These vigils are for peace and impeachment. We have a right to express our desire for peace. The Founding Fathers of America gave us the tool of impeachment to use, when a public official commits a crime. We have the right to express our desire that the law be enforced for public officials too.

We were clearly acting legally. The biker who was harassing us knew that. He probably was a member of the Republican Party, and planned this incident to disrupt our grass-roots group. I was relieved to hear that the police showed up to protect our people from the biker. But when I heard that the police supported the harasser, rather than supporting the peaceful citizens of our neighborhoods, I was surprised.

The way I interpret this is as follows. It seems that when the police receive a call, they automatically assume that the caller is innocent, and that the person being called about is guilty. You know that this is not always true. In this instance, the caller was the guilty party. The caller was guilty of harassing my friends. When his harassment was ineffective, he decided to abuse the use of the police department, by manipulating them into harassing us in his place. Your department was manipulated by this biker. He used your officers, for ill purposes.

I have experienced political harassment such as this in my hometown. Someone was tearing down my signs on my driveway. When I called the police to file my police report, they were very sympathetic and understanding. They upheld my right to post my signs. After I filed my report, I think the police contacted the organization responsible for harassing me because, I have not experienced any harassment since then. I feel well protected in my town. I feel that my legal rights to freedom of speech are supported and enforced by my police department. I would very much like to know that I can expect the same protection from the Butler police department, when I am in Butler. Please reassure me that my freedom of speech and person will be protected while I am there.

Thank you very much. I am counting on you.
Sincerely Yours,
=================
7 September 2007
Dear Chief Card:
I was appalled by reports I received about the conduct of one of your officers in directing a citizen to remove a sign posted on public property, which was expressing a Constitutionally protected political opinion. This incident reportedly occurred on September 3 (Labor Day) at a footbridge on Route 23.

I believe this action of the Butler Police officer was illegal and un-American. At best, it is highly selective in its enforcement, as bridge signage is ubiquitous and carries many types of messages, including political. The officer’s reported comment that a sign might cause an accident is without basis, and seems callous and manipulative.

Please, commit the Butler Police Department squarely behind protecting citizens’ rights and stop the harassment of people expressing their opinion, even if it is disagreeable to some.
Respectfully,