Monday, October 29, 2018

Peter Ivy, Chaska PD and thier pussy riot

Last month, after reading about it on a friend's social media page, I decided to watch the documentary Pussy Riot: A Punk Prayer.

 It outlines the story of three women from the Russian punk group, Pussy Riot. In 2012, the women were sentenced to two years in prison labor camps for wearing colorful masks and crashing a Russian Orthodox service at a Cathedral in Moscow. Their actions strongly resounded with  anti-Putin rhetoric , going so far as to ask the Virgin Mary to drive him out and criticizing the unholy alliance that is the union between the Orthodox Church and Putin's regime.  Naturally, the actions of the dames shocked the faithful in attendance and enraged government officials.

The judge handed down a "lenient" sentence of two years in a prison labor camp for what, in the U.S, we would characterize as Constitutionally-protected free speech and expression, although here in the not overly intellectual, ultra-conservative bible thumping  Carver County,  the disruption of a church service could be construed as misdemeanor disorderly conduct, but most would dismiss the intrusion as overzealous youthful rebellion and the First Amendment would have protected the content of the performance.

Many are  familiar with the squabble between myself, Carver County and the City of Chaska over the way people with disabilties are treated at the municipal and County levels. Its been reported on in both local paper and statewide papers, widely publicized by myself on both my blog and social media activity. The striking thing about this debacle is not even Judge Eric Braaten and Chief Deputy County Attorney Peter Ivy threatening to jail me for writing satire or the legal challenge pending in Federal Court regarding the City of Chaska's  government sponsored censorship of critics; rather, it is the demonstration of why abstract principles like free speech and the rule of law are critically important in our lived reality. 

The first ammendment dispute has shined a spotlight onto the inner workings of the Chaska Police Department, a fairly non transparent department of local government concerned mostly with public safety. I am sure it is at times Its an important and sometimes thankless job. However, it has become painfully obvious,  that City, County and Department leadership are quite upset at the fact that I have had the audacity to not only  competently challenge thier actions but also that I've  done so in my typical style of intellectual, biting satire. This included such gems as the Grandma got run over by a reinder spoof  "Christmas Carols with seargant Douche-zan" as well as my regular blog and social media posts.

At a recent hearing in Carver County district court, the County Attorney's office went so far as to call my comments " innaccurate" and proceeded to ask Judge Braaten to issue an order that would constitute prior restraint and threaten to have me arrested should I dare to hurt Chaska PD's feelings.

As Justice Anthony Kennedy stated in the Supreme Courts opinion in United States V Alvarez.

"The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth."

Carver County and the City of Chaska have had over a year to issue a rebuttal to any allegations I have made and they failed to do so. Instead they attempted to utilize an unrelated   court hearing with limited public attendence. The fact of the matter is they wont engage in public discourse because they can't prove anything I have said to be false. So they resort to backroom bully tactics to shut down dissidence.

While were on the topic of false allegations, the Chaska Police Department has also falsly accused me of violating thier social media policy but if you review thier social media policy, it clearly states that Chaska PD can remove comments if they fall under certain criteria, which are ambiguous enough to raise constituitional questions in and of themselves but of even greater intrigue is the fact that thier policy states that they can only block people who aren't using thier real name but I am using my legal name so the issue isnt that that I am violating thier social media policy the issue is that they arent following thier own policies and that I am using my artistic talents to effectively raise awareness about a government bureaucracy that is arguably overstepping its power. I  have merely cited relevant portions of law, applied public pressure, and in some circumstances state oversight to ensure my constituional rights are respected.

 I have a right to Free speech. I have a right to due process and to seek meaningful redress in the United States District Court, should I lose in District Court I have the right to appeal to the 8th circuit court of appeals and the United States Supreme Court. Should I ultimately lose, I can seek to change the laws and regulations with which I disagree. 

If only officials at the City of Chaska and at Carver County were so effectively mindful of their duties and the limits on their power. In the end, the City of Chaska and the County must respect my Constitutional rights by allowing me a full and fair opportunity to be heard, which thus far I have been denied. The County and the City can not retaliate against me. It can not seek criminal action or civil penalties because they are being satirized. To do so is blatantly unconstituitional

Much to the annoyance of Peter Ivy and the Chaska Police Department this is not Putin's Russia, and it must grin and bear its own Pussy Riot, because the rule of law remains, and they have been put on notice