Tuesday, October 23, 2007

"Wir haben die Macht" *

St. Augustine Record Story

The City Commission met last night and for thirty minutes discussed a new ordinance regarding artists in the Plaza. The resulting decision by these elected officials was to reject all constitutional rights . The City attorneys' presentation was rife with misinformation and outright lies. This is a national trend, readers. If you are not outraged, you are not paying attention.

At no time has any artist with Art In The Market ever violated the law. The City violates the law with impunity. We will continue to insist upon our rights. Jail time is expected.

"You artists are hiding behind the First Amendment",Timothy A. Burchfield St. Augustine Chief Administrative Officer to Scott Raimondo......... Our Reply.........Yes we are, and we would like to think that all other citizens do the same.
* We have the power


    Stand up against injustice!
    law makers today need to re-read the WHOLE constitution....
    they may learn something.

    No St. Augustine artist will pay a permitting fee...looks like we will be filling up the local jail cells...
    ...think the will let us paint murals on those drab walls?!? ;)

  2. "You artists are hiding behind the First Amendment",Timothy A. Burchfield St. Augustine Chief Administrative Officer. This line was quoted from this blog.

    Let me first start by saying how do you begin to have and intelligent conversation with someone like that. If this quote is accurate lets start the thought process and take it apart and look at the statement.

    You artists are hiding behind the First Amendment.

    To say someone is hiding means some one or something is coming after them. They are under attack they are under distress. They may be in peril. There is danger or something like that or there would be no sense in hiding.

    Who are the Artist hiding From ?

    From the conflict of the passed few years it is clear the Artist are hiding from the City officials who are trying to take those rights away.

    City officials , people perhaps just like Timothy A Burchfield. The elected City officials are sworn to uphold the constitution of the united states as well as the judges and officers of the court such as the City Attorney as well as his Assistant. The police officers and so on have the same duty and obligation.

    Now lets ask what is the first Amendment ?

    The first Amendment to The constitution of the United States of America Free speech.

    . And lets go a little further what is the constitution ?

    The Constitution is the Supreme law of the land. In other words all laws that contradict the Constitution are not law at all and have no Authority.

    U.S. Constitution, Article Six, Clause 2: (The Supremacy Clause of the U.S. Constitution)
    "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

    So what we have here is some elected Officials who have come right out Against the Very thing they have sworn to uphold.

    Do you know what the penalty for this is ?
    Well check this out ,

    Title 18 sect 2381 - Capitol Felony Treason:
    "In the presents of two or more witnesses of the same overt act, or in a open court of law, if you fail to timely move to protect and defend the Constitution of the United States and honor your oath of office, you are subject to the charge of capital felony treason."

    It seems like Timothy Doesn't have a good grasp of what the Rights of the people are. Let me help connect the dots for you Tim.

    If you have a Right as we do From the Constitution we the people accept it as coming from God. Since we the people accept it From God then that means that The government we formed can not take it from us Because we do not accept that right coming from the Government.

    Maxim of law: Government can only control what it creates. (The power which is derived cannot be greater than that from which it is derived.)

    Are you with me so far Tim ?

    We the people have the Right to Free speech. It is a right not something I need a permit for. I already have a permit From God according to the constitution the same constitution that the City elected officials were sworn to uphold.
    please don't take my word for it Read it for yourself.

    Mudook v. Penn. : 319 US 105 (1943):
    "A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution and that a flat license tax here involves restraints in advance the constitutional liberties of Press and Religion and inevitably tends to suppress their existence. That the ordinance is non-discriminatory and that is applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are and in a preferred position. Since the privilege in question is guaranteed by the Federal Constitution and exist independently of the states authority , the inquiry as to whether the state has given something for which it cannot ask a return, is irrelevant. No state may convert any secured liberty into a privilege and issue a license and a fee for it."

    Here is what happens if the State does convert your right to a privilege.

    Shuttlesworth v. Birmingham Al.: 373 US 262 (1962):
    "If the state does convert your right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and engage the right with impunity."

    Hurtado v. California 110 US 516 (1884):
    "The state cannot diminish rights of the people."

    So as for myself , I am not hiding behind the first Amendment I'M STUFFING IT SQUARELY UP YOUR NOSE .

    Miller v. US, 230 F 486 at 489 (1913):
    "the claim and exercise of a constitutional right shall not be converted into a crime."

    It Seems that the city is violating this ever time they arrest someone for exercising there Rights. Seems like maybe the city can have more law suits on their hands over this one.
    Here is one just for good measure.

    Wright v. Georgia 373 US 284 (1964):
    "Failure to obey the command of a police officer constitutes a traditional form of breach of the peace. Obviously, however, one cannot be punished for failing to obey the command of an officer if the command itself is violative of the constitution."

    I will not have you assault my rights How dare you
    ! I will not go quietly. I know people who have fought and died who were in the military who put their life on the line for the rights we have.
    People who stood up for Freedom
    How Dare you unpatriotic scum Bags who try to strip my Freedom from me in the Name of your self serving City counsel.

    Hope I' ve helped you Tim

    Sincerely ,

    Rudy G.