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Post by Solus Hospes on Nov 2, 2011 23:52:50 GMT -5
ACLU's Right to Protest brochurewww.aclufl.org/pdfs/right_to_protest_brochure.pdfPlease post any legal questions we have here. This will help us know what we need to research and where to start. I will update the questions here with answers as we go.What kinds of permits do we need to march? Where do we get them, what do they cost? you are planning a march that involves closing down streets, a permit is almost always required. But a small march that stays on public sidewalks and obeys all traffic signals often does not require a permit. Make sure to inquire about city or county ordinances that regulate First Amendment activities. www.melbourneflorida.org/forms/pdf-forms/sa-proc.pdfWhat are laws about sound amplification, flyer distribution, crowds of people? In order to put on an event that involves a large group of people and the use of public facilities or amplified sound, you will need a permit. library.municode.com/showDocument.aspx?clientID=10710&docID=0#TOPTITLEGenerally, you have the right to distribute literature, hold signs and collect petition signatures while on sidewalks or in front of government buildings as long as you are not disrupting other people, forcing passersby to accept leaflets or causing traffic problems. www.melbourneflorida.org/forms/pdf-forms/sa-proc.pdfWhat are the local vagrancy and trespassing laws? Individuals should not enter property that is marked as private without the owners written permission. Individuals should not linger in any place that ordinary lawful citizens would not linger. Individuals should not make others feel unsafe. Basically be on the look out for private property signs, don't crowd pedestrians, don't stay in one place so long it makes people uncomfortable. (810.08, 810.09, and 810.12 specifically) www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0810/0810.htmland www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0856/0856.htmlHow does the law define "criminal anarchy" and "criminal communism" verses regular anarchy and regular communism? (Sent to Mark for clarification)What are current camping regulations/guidelines for safety and health to ensure we follow once we find a 24/7 site? (Mandy is researching camp ground regulation/rules/qualifications and plans on running the findings by Mark or the PD for verification.)What are laws/regulations on generators in public areas? (cannot find regulations, looking to other occupy sites for answers who are already using generators.)I am wondering if there are laws addressing feeding homeless people that apply in our area. I know in O-town it is an arrestable offense. (Needs Research)What are the new laws on voter registration I have heard about? How do we have a voter registration drive without going to jail? I need more references/sources so I can provide them but my understanding is a new regulation that individuals cannot get multiple voter registration cards, that only the individual registering can get a card from the office. Obviously this has several implications including making it more difficult to help other people register. I don't have an answer yet on how to have a Voter Registration Drive without getting arrested but I will look into it.
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Post by evanne on Nov 3, 2011 8:30:29 GMT -5
What kinds of permits do we need to march? Where do we get them, what do they cost?
What are laws about sound amplification, flyer distribution, crowds of people?
What are the local vagrancy and trespassing laws?
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Post by Solus Hospes on Nov 4, 2011 13:21:51 GMT -5
More relevant laws...
Defining Criminal Anarchy and other prohibitions Title XLVI CRIMES Chapter 876 CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER
876.02 Criminal anarchy, Communism, and other specified doctrines; prohibitions. —Any person who: (1) By word of mouth or writing advocates, advises, or teaches the duty, necessity, or propriety of overthrowing or overturning existing forms of constitutional government by force or violence; of disobeying or sabotaging or hindering the carrying out of the laws, orders, or decrees of duly constituted civil, naval, or military authorities; or by the assassination of officials of the Government of the United States or of the state, or by any unlawful means or under the guidance of, or in collaboration with, officials, agents, or representatives of a foreign state or an international revolutionary party or group; or (2) Prints, publishes, edits, issues, or knowingly circulates, sells, distributes, or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising, or teaching the doctrine that constitutional government should be overthrown by force, violence, or any unlawful means; or (3) Openly, willfully and deliberately urges, advocates, or justifies by word of mouth or writing the assassination or unlawful killing or assaulting of any official of the Government of the United States or of this state because of his or her official character, or any other crime, with intent to teach, spread, or advocate the propriety of the doctrines of criminal anarchy, criminal Communism, criminal Naziism, or criminal Fascism; or (4) Organizes or helps to organize or becomes a member of any society, group, or assembly of persons formed to teach or advocate such doctrines; or (5) Becomes a member of, associated with or promotes the interest of any criminal anarchistic, Communistic, Naziistic or Fascistic organization, or helps to organize or becomes a member of or affiliated with any subsidiary organization or associated group of persons who advocates, teaches, or advises the principles of criminal anarchy, criminal Communism, criminal Naziism or criminal Fascism; shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
876.03 Unlawful assembly for purposes of anarchy, communism, or other specified doctrines.—Whenever two or more persons assemble for the purpose of promoting, advocating, or teaching the doctrine of criminal anarchy, criminal Communism, criminal Naziism or criminal Fascism, as defined in s. 876.01 of this law, such an assembly or organization is unlawful, and every person voluntarily participating therein by his or her presence, aid, or instigation shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Mask Laws Title XLVI CRIMES Chapter 876 CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER
876.12 Wearing mask, hood, or other device on public way.--No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state.
876.13 Wearing mask, hood, or other device on public property.--No person or persons shall in this state, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of any municipality or county of the state.
876.14 Wearing mask, hood, or other device on property of another.--No person or persons over 16 years of age shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, demand entrance or admission or enter or come upon or into the premises, enclosure, or house of any other person in any municipality or county of this state.
876.15 Wearing mask, hood, or other device at demonstration or meeting.--No person or persons over 16 years of age, shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, hold any manner of meeting, make any demonstration upon the private property of another unless such person or persons shall have first obtained from the owner or occupier of the property his or her written permission to so do.
876.155 Applicability; ss. 876.12-876.15.-- The provisions of ss. 876.12-876.15 apply only if the person was wearing the mask, hood, or other device: (1) With the intent to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws or for the purpose of preventing the constituted authorities of this state or any subdivision thereof from, or hindering them in, giving or securing to all persons within this state the equal protection of the laws; (2) With the intent, by force or threat of force, to injure, intimidate, or interfere with any person because of the person's exercise of any right secured by federal, state, or local law or to intimidate such person or any other person or any class of persons from exercising any right secured by federal, state, or local law; (3) With the intent to intimidate, threaten, abuse, or harass any other person; or (4) While she or he was engaged in conduct that could reasonably lead to the institution of a civil or criminal proceeding against her or him, with the intent of avoiding identification in such a proceeding.
Laws Based on Perception Title XLVI CRIMES Chapter 823 PUBLIC NUISANCES 823.01 Nuisances; penalty.—All nuisances that tend to annoy the community, injure the health of the citizens in general, or corrupt the public morals are misdemeanors of the second degree, punishable as provided in s. 775.083, except that a violation of s. 823.10 (dealing with illegal substance) is a felony of the third degree.
Title XLVI CRIMES Chapter 876 CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER 876.19 Exhibits that intimidate.—It shall be unlawful for any person or persons to place, or cause to be placed, anywhere in the state any exhibit of any kind whatsoever with the intention of intimidating any person or persons, to prevent them from doing any act which is lawful, or to cause them to do any act which is unlawful.
876.36 Inciting insurrection.—If any person shall incite an insurrection (an act or instance of rising in revolt, rebellion, or resistance against civil authority or an established government) or sedition (incitement of discontent or rebellion against a government) amongst any portion or class of the population of this state, or shall attempt by writing, speaking, or by any other means to incite such insurrection or sedition, the person so offending shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Title XLVI CRIMES Chapter 877 MISCELLANEOUS CRIMES 877.03 Breach of the peace; disorderly conduct.—Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Obstruction Laws Title XLVI CRIMES Chapter 861 OFFENSES RELATED TO PUBLIC ROADS, TRANSPORT, AND WATERS 861.01 Obstructing highway.—Whoever obstructs any public road or established highway by fencing across or into the same or by willfully causing any other obstruction in or to such road or highway, or any part thereof, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and the judgment of the court shall also be that the obstruction be removed.
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Post by James on Nov 4, 2011 19:42:24 GMT -5
Wow. How do you define criminal Communism over regular Communism? Also, "876.36 Inciting insurrection.—If any person shall incite an insurrection (an act or instance of rising in revolt, rebellion, or resistance against civil authority or an established government) or sedition (incitement of discontent or rebellion against a government) amongst any portion or class of the population of this state, or shall attempt by writing, speaking, or by any other means to incite such insurrection or sedition, the person so offending shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." I... am illegal all the time!? Especially when I wear my hoodie...
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Post by Solus Hospes on Nov 4, 2011 20:02:10 GMT -5
I would say proof of lawbreaking would be the defining difference. That would be an excellent question for a lawyer familiar with that sort of charge...
I'm also not sure what you mean by being illegal all the time, especially in your hoodie but I too was wondering how that is enforceable or constitutional provided it's non-violent revolt.
If someone wouldn't mind passing me the lawyer's number who's willing to volunteer some of their time, I'd like to schedule some time to talk with them and get some of these questions/concerns answered.
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Post by Mireille on Nov 5, 2011 15:39:34 GMT -5
The lawyer is Mark Tietig and you can probably get his info from Spence Guerin of SCPA. I'll PM you his info.
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Post by Solus Hospes on Nov 8, 2011 16:27:08 GMT -5
Note to self or anyone else on the legal team to research:
What are current camping regulations/guidelines for safety and health to ensure we follow once we find a 24/7 site?
What are laws/regulations on generators in public areas?
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Post by Solus Hospes on Nov 9, 2011 17:47:08 GMT -5
In the spirit of transparency, here's the first e-mail I sent Mark (the lawyer) with our questions. The only other e-mail I sent was introducing myself as the current contact between him and the group and asking how he'd like to communicate. E-mail was his chosen method.
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Ubor
New Member
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Post by Ubor on Nov 16, 2011 8:05:45 GMT -5
Regarding the above information about the Massachusetts Supreme Court, Mass. is different then most states in one way. If I'm not mistaken Mass. does not allow what is called 'endorsements in blank'. They may be the only state that doesn't. If you make out a check and leave the "Pay to" blank, it's like these endorsements. On the back of the 'note' it will be stamped "pay to the order of without recourse" and signed. However, the transaction is never completed and banks trade the 'notes' with the blank endorsements over and over again, without ever filling in the 'blank'. There is no trail of ownership. When you ask the answer is usually it's not anything you have the right to know, or it's proprietary. Duvall County clerk of court last week filed a class action, on behalf of all Florida County Clerks over this issue. Specifically that the MERS registration has bypassed the accepted legal act of recording the mortgages at the clerks office with each transfer. Mortgages are recorded, notes are not. Apparently the well settled principal that 'the mortgage follows the note' is no longer respected as tens of thousands of mortgages have not been properly recorded and/or properly placed into trusts. You can find a copy of this lawsuit here: 4closurefraud.org/2011/11/11/complaint-jim-fuller-clerk-of-the-court-duval-county-florida-vs-mortgage-electronic-registration-systems-mers/
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Post by evanne on Dec 6, 2011 1:34:18 GMT -5
Hey there! I am wondering if there are laws addressing feeding homeless people that apply in our area. I know in O-town it is an arrestable offense.
Also, unrelated but for other DA planning, what are the new laws on voter registration I have heard about? How do we have a voter registration drive without going to jail?
Thanks for all you do and all you've figured out already!
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cc0
New Member
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Post by cc0 on Dec 11, 2011 23:37:29 GMT -5
Hey there! I am wondering if there are laws addressing feeding homeless people that apply in our area. There are a number of resources for the homeless in this area; the most well known (to me anyway) are the Daily Bread and the CITA mission. I was at a city council meeting recently and there are at least two additional groups that do mass feedings in Well's park, located next to the Melbourne Auditorium. Some local residents were complaining about these feedings ("think of the children") and the matter was to be investigated by a voluntary group led by the director of the Salvation Army on Hickory including these groups and perhaps the Brevard Sharing Center on Hibiscus, but there were no violations of law cited at the meeting. The city clerk said that putting up tents, running electrical power or generators, or using the pavilion/gazebo required a permit. Also, unrelated but for other DA planning, what are the new laws on voter registration I have heard about? How do we have a voter registration drive without going to jail? "Without going to jail" is the tricky part. Due to the new laws the League of Women Voters has declared that they will not be doing voter registrations in Florida - for the first time in 70 years - because of the liability. www.lwv.org/blog/why-lwv-florida-cant-register-votersThe ACLU of Florida also has a number of press releases about these issues, but the most succinct seems to be this one: www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3944
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