Archive for the ‘Community Mobilization’ Category

Attachments: Criminal Complaint filed with Florida’s Attorney General Jan 15, 2010

April 7, 2012

AGO Florida- County ordinance imposing criminal penalty

COSA MCodeSec18

Arrest warrants roger jolley

Deposition Celli v COSA

roger jolley v state appeal opinion

Walter Benedict Affidavits

SAPD Report Benedict Incident

FDLE investigation response

These additional records were not mailed due to the bulk, nor were they ever requested… I believe the Shade meeting reveals an intention to use the police in an unconstitutional way, I also believe they all agreed to tamper with evidence and testimony…rgj

COSA Shade Meeting111798

AG reply to FLAGcomplaint

Criminal Complaint filed with Florida’s Attorney General Jan 15, 2010

April 7, 2012

 

TO: Attorney General’s Office

FROM: Roger G. Jolley

82 Kings Ferry Way

St. Augustine, FL 32084

January 15, 2010

Dear Sir,

I only recently came across your Advisory Legal Opinion number AGO 2009-29 dated June 15, 2009, (attached-1), saying essentially a City or County has no authority to create a misdemeanor offense and I feel compelled to write you about my situation here in St. Augustine.

We need your immediate intervention, this is an emergency.  I am also sending this same letter to the U.S. Attorney General.  I fear this is a criminal matter, not merely civil.

At the end of the third paragraph of your summary you state,”…Thus, precluding the application of a Misdemeanor charge to a violation of any Municipal or County Ordinance (e.s.).”

In St. John’s County Courts City ordinances are routinely prosecuted as Misdemeanors by a State, not a City prosecutor, and the Judges have allowed the entire scheme since the first street performer prosecution in this city (attached-2 City Code Chapter 1, sec 1-8) March 1995, my case.  City attorney’s that do prosecute city ordinances are sworn as Asst. State’s Attorney for the purpose of prosecuting under criminal procedures.  If this is wrong and counter to your Advisory Opinion, please do something about it.  It has been the cornerstone of a policy of undermining and suppressing rights.

Local Judges have issued arrest warrants for city ordinance violations on the basis of the misdemeanor language in the City ordinance.  I was arrested in 2000 at midnight at home, six weeks after Circuit Court Judge John Alexander had issued a secret warrant, held by SAPD for just the right moment to terrify me and my fellow street performers. (Attached-3, 2 Arrest Warrants for Roger Jolley)  Others were also arrested; I just don’t have their paperwork.

For the record, here in St. Augustine, (Kat) Katherine Twine, a widely known civil rights activist wrote that she kept a packed bag by the front door because the local Sheriff liked to arrest you with secretly held warrants 6 weeks after a charge was made, with the physical arrest at midnight to strike terror in the hearts of those who dared to march for justice under the law.

This same MO was used on me by SAPD Asst. Chief Lawrence Leuder, angry at me for cornering him and forcing disclosures of police activity against his wishes, but done at the direction of Chief Shoar from his Florida National guard camp.  This indicates to me the same refusal to abide by Federal and State law is at play now as it was in 1963 and 1964.

I will explain, but I would caution you from reading my story as a mere characterization of other people’s actions or words.  I audited those Record’s on file at City Hall and the Court Houses concerned and have full confidence that this is no mere circumstantial case…the entire record displays their unambiguous criminal intent.  I simply repeat to you what is on the record and I do characterize their actions as criminal.

The Records of the City Commission and City Manager, State Prosecutor, Court and Chamber of Commerce Historic Area Council alone comprise primie facie evidence of the criminal intent to use the color of law and State criminal punishment first to extract extra punishment on those daring to challenge the authority of SAPD or the first amendment validity of the Ordinances in question, and second to force compliance on the spot not assured by a civil citation to show up in court weeks later.

What is that extra-punishment you ask?  Even if the charges were later dropped by the court, the criminal charge record stays permanently, even though one was charged with violating a city ordinance, and never charged with a criminal offense, misdemeanor or otherwise.  SAPD writes a civil ticket, you get a criminal record on the spot, automatically, and you can’t do anything about it.

The City Commissioners, City Staffers and complaining businessmen’s intention to redefine the public forum (City sidewalks, parks) into a commercial marketplace to prevent street performers from singing in front of their restaurants, shops and bars is clear at every single city meeting; their intention to use the color of law to discriminate on access to public accommodations is clear cut.  They think it’s their right that they were acting lawfully, so they concealed very little.

The 1995 meetings have two Commissioner/restaurant owners with properties within the regulated area directly benefiting from passing these ordinances…the Ethic’s commission gave Mayor Len weeks a clean bill of health, Commissioner and later Mayor Mark Alexander never drew the complaint.

The City has since applied this use of State Misdemeanor punishment and the commerce/free-speech ploy to artists, and now an artist is by definition a street performer and subject to the automatic criminal record penalty.  If a SAPD officer issues a citation to an artist, he or she can be charged with one ordinance (artist) or the other (street performer) at the officers’ undirected discretion.

This extra punishment violates our right to due process of law, a punishment with no trial, hearing or conviction, and five City Commissioners just broadened their use of this secret and back-door punishment with four more new City Ordinances restricting First Amendment expression, linking all protected expression to their regulation of commercial vendors.

The City has used this city ordinance (attachment #2) designating violation’s of their ordinances as Misdemeanors and the State Courts have allowed criminal processes to be used…employed for 24 years by city police authorities but not tested in court until my 1995 case.

I will explain more and be as brief as possible, but I want you to understand how local officials have used this Misdemeanor Ordinance over the 24 year period as part of a conspiracy against rights (USC Title 18,Part 1, Chapter 13, statute 241), a conspiracy to deprive citizens of rights (USC Title 18,Part 1, Chapter 13, statute 242), and a conspiracy to obstruct justice (USC Title 18,Part 1, Chapter 73, statute 1511).  I refer to Federal Statutes but I know the State of Florida has similar statutes.

The official city records identifies businessmen and women, their shops or enterprise, the downtown Chamber group and its leadership, City and State officials, and agencies, commercial landlords, city commissioners, police officers, State Prosecutors and judges, the entire scam is laid bare for any to read.

All these otherwise lawful corporations and government agencies were used in their criminal plot, a plot centered on using the secret power to write criminal misdemeanor ordinances and trick the local court into going along to stick everyone city police accused with an automatic and permanent criminal record, and to use the color of law to discriminate on access to the public accommodations including the public forum.

The First Amendment issue is not something I ask you to address, except that it is the main focus of their conspiracy to obstruct justice and rights, their criminal misconduct needs an immediate and full investigation.  Perhaps your office could immediately intervene in any on-going court cases involving criminal processes for the civil, city ordinance infractions.

This next I will keep short as possible; I’ve attached records where appropriate though I can in no means provide you with the entire record.  I have taken all duplication out I could find, but this next was previously written and contains a more complete report on the records I audited and I apologize if I repeat myself.  Some parts are addressed in a different way so I left them in, even if it seems out of sequence.

According to the transcripts of 1983-1984 city commission meetings, this was a ploy (their word) deliberately used by then City Attorney Geoffery Dobson because a city police officer issuing a street musician a city citation left the performer free to continue his activity until he went to court, making it look like they could defy police intervention with near impunity.

A performer could in theory just take as many citations as police officers may choose to issue up to the court date, the city had no deterrent.  They needed a stiffer penalty they said, because the citation for a future court date didn’t compel immediate compliance by the street performer.  Mr. Dobson assured the Commissioners and the city manager that he could come up with something.

According to city records, the City Manager at the time of the 1995 Ordinance, Joe Pomar and his City Commission wanted their police officers to have arrest power over a violation of the city ordinance so the threat of arrest would achieve immediate compliance and perhaps discourage or prevent street performers from testing the city ordinance for first amendment grounds.  That was how the city attorney explained the punishment section of the 1995 ordinance to the commissioners.

The City Record speaks for itself; characterizations of their conduct are merely descriptive; their intentions are clear from the public comments made by downtown commercial landlords, city commissioners, city attorney and city manager, comments too over the time period from the initial 1984 City Commission meetings, right on up to just a few weeks ago.

The clerk codifies each subject and every time the city commission has dealt with street performers, artist or vendors it comes up on a search.  I could not invent the damaging statements which took on a clear intention when looking at successive comments over time and subsequent city, police and court actions.

If you look at City Commission Records and Court depositions and records of trials conducted since March 13, 1995 I believe they will seal an indictment of those who made the decisions.  The Judges, Prosecutors, SAPD and its single decision maker for city police power, City Manager William Harriss and even some City Commissioners are all implicated in this long standing conspiracy against rights.

At the initial set of meetings in 1984 and later and then in 1995-2000, officials expressed deep resentment over the restrictions placed on their use of police against street performers who they were told by the City Attorney were fully protected by the Federal Constitution and the Civil Rights Act of 1964.  They complained about it for years at city meetings, even while they were finding an end-run around the rule-of-law.

The Records say in 1984, they passed the first street performer city occupation ordinance with the State Misdemeanor punishment but never prosecuted or even issued a Citation to anyone in 16 years (attachment #2).

At a regular Commission meeting December 1994 Former Chief Bill Robinson claimed thousands of complaints a month and City Manager Pomar said it would cost $64,000 a year to put a permanent officer down on St. George Street to control this problem, yet not one ticket or arrest was ever made on the Occupation Ordinance with this Misdemeanor punishment.

In a deposition (Celli v COSA) Chief Robinson explained how some downtown merchants would cop-shop for a police officer that would run off a street performer, calling dozens of times a day…calling the city manager’s office, never calling 911 where a record would be kept (3 pages attached-4, full record available).

In 14 years, not one prosecution of an artist or performer was brought by a citizen; all charges were brought by police officers acting publicly for the complaints made privately to the city managers office.  Police officers making the charge themselves protected the identity of those complaining asking for police intervention for  what was legal, protected and licensed activity, according to Chief Robinsons deposition statements..

SAPD officers did threaten to arrest or cite for violations if someone warned didn’t leave the area, but not one single citation was ever issued.  This intimidation was the enforcement pattern for 16 years.

Another street performer city ordinance passed much later was written by Mr. Dobson at the same time (1984), and was later prettied up by a new City Attorney Jim Wilson at the request of City Manager Joe Pomar, who presented it to the city commission March 1995 as a new solution to the street performer problem that had brewing all those years.  I challenged that ordinance the first day they enforced it.

Attached you will find a copy of the 1996 Appeal Court ruling for my 1995 city ordinance conviction which was prosecuted as a Misdemeanor.  You will note the ruling includes the MM numbers of the cases for which I was convicted which shows the Misdemeanor process allowed by the lower court Judge and left without comment by the Appeal Judge.

Note the appeal ruling (Attached-5 7th Cir Case CA-95-1313, div 55) as awesome as it was for the First Amendment, defining what I was doing as non-commercial expression ignored the Fourteenth Amendment entirely and does not mention the city’s use of Misdemeanor punishment, nor the prosecutors decision to use criminal instead of civil process for a non-criminal, Civil infraction.

Oddly, my civil case did not get labeled or processed as a civil case by the Clerk of the Court until my Appeal of the Criminal Conviction in 1995.   I was denied council for my Appeal of the 2000 conviction…because it was not a misdemeanor.  When it suited the lower court Judge, it was a Misdemeanor, but it wasn’t when the higher court Judge heard the appeal.

Judge Watson’s order states my first-amendment protected expression (street performance of music w/o fee) is “Non-Commercial,” yet the city policy demonstrated by successive city ordinances from 1984 to last week insists that any commercial venture including unlicensed street vendors has the same right of access to the public forum, anywhere “non-commercial” Street Performers and Street Artist have a right as the public forum.

Current City Attorney Ron Brown recently spelled it out to the current city commission, saying at the city commission meeting 12.14.09 that sic, ‘if you allow it to be a public forum you lose control’ implying they can regulate it all, including protected speech by treating it as commerce and allowing commercial vendors anywhere where those who want to exercise their rights in the tourism area might work.

It seems the idea is Commercial vendors (of goods) would interfere and crowd out competing first amendment salespeople, contend for territory and provide legal cover if any part of the scheme was ruled unconstitutional.  The idea the entire scheme may become public knowledge never occurred to any of the conspirators.

Like it was in my case before Judge Watson in 1996, any exchange of money is labeled commerce by the city, even that exchange many court rulings have ruled are protected under the First Amendment of both the U. S. and Florida constitutions.

The most recent federal ruling clearly said the sale of art by the artist was fully protected expression, not commerce.  City police and city commissioners ignore the Federal Injunction and created a new assault on artist’s rights to first amendment protection. By law enforcement, police are supposed to protect us.

I have Misdemeanor convictions sir, yet I have never been charged with a Misdemeanor, a clever end run around due-process, don’t you think?  SAPD arrested me at my home at midnight on a 6-week-old, secretly held Warrant issued by one of the Alexander trio.

Turns out, the Warrant was not valid either though that never did me any good.  Who you ask, are the Alexander trio?  They help explain this mess and tie the entire County Justice System into what appears to be a conspiracy to obstruct Justice, directed from City Hall and the Historic Area Council of the Chamber of Commerce.

Mayor and City Commissioner Mark Alexander was one of the city commissioners that legislated the ordinance, running for office allegedly to finally do something about the Street Performer Problem.

ark Alexander’s business group was formed for the express purpose to run several candidates for office and authorize the City Police to do something about the street performers.  This comes from the Historic Area Council’s (HAC) early literature.

Formed in 1991, the downtown Chamber of Commerce Council members were gleeful, the same year City Manager Joe Pomar and Asst. City Manager Bill Harriss were appointed by the city commission after three Commissioners summarily sacked City Manager Gladstone at a city commission meeting.

Many of my merchant friends spoke openly to me about their new guy at city hall, Bill Harriss, that he would rid the streets of all street performers.  Their newsletters spoke openly of these matters.

The Mayor at the time, Greg Baker was already a member of the HAC and sold Insurance to all of the downtown landlords and shopkeeper renters alike.  In 1992, fellow members Mark Alexander and Len Weeks, both downtown restaurant operators who hired musicians to perform in their clubs were also elected to the City Commission.

With the three of them and the more aggressive City Manager than cautious old Gladstone, they had the right team in place to use the Police power of the State for their personal business plan.  The only color of law they saw was grey, that is their mantra to this day, Len Weeks still bleats this refrain.

Alexander number two, Mayor Alexander’s cousin State Attorney Steve Alexander prosecuted the early cases for the State and Alexander number three, his Honor’s brother Judge John Alexander of the local Circuit Court later issued the invalid warrant used to arrest me at midnight 6 weeks after he issued it….all for a civil offense.

I have also attached a copy (attachment-2) of the city ordinance employing a State Misdemeanor punishment for violation, passed as I understand by the city during City Manager Gladstone – City Attorney Dobson era (1984) for the street performer occupation license ordinance.

The punishment ordinance was not tested in court until my 1995 case, which was overturned on appeal in 1996 but the Court left the punishment clause of the ordinance alone at the time.

Like I said, I found it curious that the Court, Judge Richard O. Watson a noted Jurist allowed the city to Legislate a State crime, a duty of the State Legislature alone.  My second charge, a 2001 case went all the way to the State Supreme Court, and your predecessor Gov. Crist fought my Appeal through the whole process up to the State Supreme Court, fighting tooth and nail.

No one in the appeal process caught the end-run around due process of law with the extra-judicial punishment, a criminal record even if the case is dismissed, due process promised by both the Florida and U. S. Constitutions is lost in the St. Johns County Criminal Justice System.

Then SAPD Chief David Shoar (now Sheriff Shoar) and his officers intimidated and harassed young people, homeless individuals and artist and street performers who wanted to speak at city commission meetings and get their experiences on official record.  Officers would later threaten or punish the vulnerable in some way for appearing before the city commission meetings.

I personally witnessed many scenes of intimidation out in front of the Commission Chambers and on St. George Street.  These officers were not afraid of what might be said at a city commission later, Officers Barry Fox and John Olsen were in my opinion promoted and publicly honored for lying in court and consistently following orders and violating civil rights successfully.

Over a period of months, several regular speakers at the city commission meetings were arrested just at the entrance of the city commission chambers and the Chief of Police personally prevented one Walter Benedict from testifying before the city commission about the theft and destruction of his property by city police officers, the “Community Response Team” run at the time by Sgt Bianchi.  Walter called me right away and arranged for me to meet with him and Chief Shoar at a Laundromat at 8:30 the next morning to settle his claim

Walter Benedict in particular was much later threatened by the Chief if he came back into town with arrest and prosecution with what David Shoar had clear reason to believe was fabricated evidence of a felony.  Chief Shoar and I talked directly 50 times or more over these matters, often meeting at Police headquarters and speaking on his cell phone when he was away at National Guard training..

I have included a copy of Walter Benedict’s notarized affidavit and now County Sheriff David Shoars report on the incident (both attached-6, and 7).  SAPD officers broke into a damaged home in the historic district where protester and performer Walter Benedict was storing his protest materials.

Walter had been on St. George Street with a display of newspaper stories and such protesting the abusive behavior of SAPD for 60 days.  Morale was low and these bike officers snapped or were ordered to act as they did.

Walter, another homeless individual Mark Flowers and I went to the police station to meet with then Asst. Chief Leuder (now SAPD Chief) and the squad that did the B&E, a meeting set up by Chief Shoar.  Sgt Bianchi and LT Stark also attended the meeting.  I was arrested at midnight that night with the 6-week old warrant.  After my front page arrest, Walter and 30 other artist and performers had fled the city within 30 days.

Much later, the officer arresting me in 2000 asked me why I didn’t show up in court, because that is what he thought had happen.  I had never been given any Citation or even received any written warnings, the warrant was issued as if the charge was a State Misdemeanor (all the county court cases were MM), not because I missed a non-existent court date.

If you don’t act soon, the City Police and the State Attorney and the local court will injure more people’s right to due process as they continue to enforce these city ordinances as State Crimes and I need you to investigate and stop the practice.

I’m pretty sure the same technique is used with the homeless too.  I recently met a homeless man prosecuted with the misdemeanor process, but not allowed representation because the originating charge is a city ordinance, yet the same magistrate allowed the prosecutor to use criminal instead of civil process.

In closing sir, all of this unfolds from the City of St. Augustine successfully legislating a State Misdemeanor offense for 24 years, prosecuting under that practice since 1995 when I was first arrested while playing my guitar on St. George Street.

As a former senior internal corporate accountant and auditor, I have satisfied my rigorous analytical standards and conclude that there is strong evidence of a conspiracy to interfere with Civil Rights, to obstruct justice and that this has become a criminal racket with SAPD working as strong-arm enforcement for the conspiracy, which I believe continues to interfere in their Public Safety role.

Right now today, artist and street performers are threatened with arrest for exercising their first amendment rights, and even if they are found not-guilty, they all end up with an undeserved criminal record…..every one of them since 1995!

Please do something quickly.  We need a prompt look into this matter, a full investigation and criminal prosecution if you judge it warrants it.  We need all those criminal records that resulted from this ugly criminal act to be expunged and those concerned notified.  Thank you for your personal reply.

I would like to know you reviewed my letter, and that the matter has been assigned to someone for a quick look-see to advise you personally.  A simple read of city meeting records alone may be sufficient to warrant a grand jury investigation.  I need to know someone is really taking this seriously as soon as you can reassure me of that, I would appreciate it sir.

There are FDLE reports available on early alarms of official misconduct raised in 1995 (Attached-8, letter to Gov Chiles requesting FDLE investigation).  For the record, a cursory FDLE investigation was undertaken and they found nothing unusual in city hall methods of police enforcement and record-keeping, the city manger and executive assistant city manager’s have police rank and its not significant for such high-ranked police officials to fail to keep police records according to FDLE conclusions.

Sincerely,

Roger G. Jolley

CC: U. S. Attorney General Eric Holder

U.S. DOJ Criminal Division

U.S. DOJ Civil Rights Criminal Division

U.S. Civil Rights Commission

Florida Gov. Charlie Crist requesting FDLE Investigation

U.S. Senator

U.S. Congressman

Florida State Senator

Florida State Representative

Attachments:

1 Advisory Legal Opinion number AGO 2009-29 dated June 15, 2009

2 Municipal Code Chapter 1, Sec. 1-8 General Penalty; continuing violations

3 2-Arrest Warrants for Roger Jolley

4 Deposition (Celli v COSA) Chief Robinson-select pages

5 7th Cir Case CA-95-1313, div 55- Roger Jolley v State of Florida

6 Walter Benedict’s notarized affidavit

7 SAPD Chief David Shoar’s internal report on the incident with Walter Benedict

8 Letter to Gov Chiles requesting FDLE investigation

Lies of Ommission by Warren Celli; St. Augustine, Florida

September 12, 2011

On Aug 14, 2011, at 12:36 PM, Warren Celli <celliw@bellsouth.net> wrote:

Ed,

I was very disappointed that you did not post my last comments (copy below for reference) on your Tuesday, August 09, 2011 post, about the gross corruption in the city – link for reference;

http://cleanupcityofstaugustine.blogspot.com/2011/08/blog-post_7480.html

From my viewpoint – colored with years of first hand experience here in the city – it appears to me you are trying to bandage a death dealing wound with out removing the causative foreign object. Your good cop, bad cop, repositioning of the players, with the Whetstones thrown in as a sacrificial anode, won’t fly. No healing will take place until all of this is discussed in an open all inclusive forum and the proper amends are made. The causative foreign agent has to be excised from the wound.

Until that time Saint Augustine will remain; a mean, bullying, pretentious, soulless, more plastic as each day goes by, shell of a city, reflective of the petty Vanilla Greed greed gangsters that control and mismanage it. The past twenty plus years that I have witnessed have been like a long drawn out abortion of the life force of the city. I am deeply saddened by the loss of the once great vitality, strength of community, joy and real fun that use to exist here.

Sadly and ironically, it is comeuppance time from external forces, and we now unfortunately stand fragmented with past local good will foolishly squandered for selfish reasons. The local gangsters have fallen for the ‘greed is good’ meme (fascism light) that the more Perniciously Greedy global gangsters (fascism heavy) have intentionally instilled in America and the entire global culture.

And, just as the local Vanilla Greed gangsters have subverted the now shameful ‘rule of law’ to illegally and immorally hijack the City of Saint Augustine, the more Perniciously Greedy gangsters have subverted the upper level of the ‘rule of law’ in America, and globally, to hijack all nation state governments.

The ‘riots’ (they are really insurgencies Ed) in Europe, Asia, and the Middle East are not without top down, intentionally orchestrated, location specific causative effects. There is an intentional global herd thinning taking place. It is being orchestrated by the wealthy self anointed elite through their central banks.

The global middle classes are being stripped of their wealth and the underclasses are being starved to death. It is an intentional global genocide. The goal is a two tier ruler and ruled structure with the ruled engaged in perpetual conflict with each other. The high resource consuming middle class is being replaced by a more cost effective technology based law enforcement class.

We have entered a period of intentionally orchestrated global ‘deflation’ the likes of which have never been seen before. Austerity and the insurgencies in Europe and other western nations insure that tourism, especially as structured here in Saint Augustine, is not a viable investment. Nor should it consume our dominant attention.

We have much larger problems to deal with. It is also only a matter of time before civil unrest – we already have flash mobbing going on in cities in America – will become more pronounced here in America.

Here is a link for a good look at the global mechanics of the situation;

http://crisisjones.wordpress.com/2011/08/11/ampedstatus-report-exclusive-analysis-of-financial-terrorism-in-america-over-1-million-deaths-annually-62-million-people-with-zero-net-worth-as-the-economic-elite-make-off-with-46-trillion/

What is really at stake here Ed is the unraveling of thousands of years of human morality building that has allowed us to incrementally rise above our dog eat dog cannibalistic human nature. That overall positive growth in morality has been cyclical with many peaks and valleys.

We are presently in a deep trough, a global trough, that will affect us all for years to come. The big picture needs our dominant attention and the efforts of all of us. The local gangsters need to wake up, repent of their greed is good philosophy, make genuine amends and refocus their attention to the greater problem.

Together we reclaim and rebuild our soiled morality or divided it consumes us all.

Regards,
Warren
—————————————-

Ed,

There is not enough pig lipstick in the world to do what you are trying to do here.

You either clearly do not understand the depths of the corruption involved in this willful and knowing, CONTINUING TO THIS PRESENT MOMENT, gangster pattern and practice of denying civil rights for selfish personal gain, or, you are aiding and abetting it intentionally. Said another way; you are either drinking the kool aide or you are selling it.

Nor do you appear to recognize the severity of the true cause and effects involved in the on going dynamic here that has so negatively affected thousands of local residents and millions of the customers of the Tourist Factory that have come through this co-opted city.

The constant abuse, illegal and immoral denial of opportunity, incessant harassment, intimidation, demonizing, etc., by the illegally and immorally hijacked City of Saint Augustine gangster government were all, UNDENIABLE causative effects of the hardships, trials, and the tribulations, that intentionally repressed and diminished the spirits of, and contributed to the early deaths of, John Victor Powers, Les Garcia, and David Thundershield Queen. May they rest in piece.

Deprivation of Rights Under Color of Law
Title 18, U.S.C., Section 242

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties.

This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Warren Celli

Editor and Publisher of the banned and confiscated many times, Saint Aug Dog pro FREE SPEECH and pro Street Arts newspaper.

Open letter to Florida Rep. Mica concerning the meeting of the federal St. Augustine 450th Commemoration Commission, set here in St. Augustine on Monday, July 18th.

July 13, 2011

Dr. Robert Hayling, D.D.S.

Dear Rep. Mica:

I am urgently writing you about the meeting of the federal St. Augustine 450th Commemoration Commission, set here in St. Augustine on Monday, July 18th. On June 27th and July 11th, I learned from our St. Augustine City Commissioners and from City and Department of the Interior staff that:

1. No African-Americans are scheduled to make presentations to our 450th Commission – the only presenters will be you, Rep. Mica, Secretary of the Interior Ken Salazar, our Florida Secretary of State and historian Kathy Deegan. In summary: five presenters, four men, one woman, all white. This is unacceptable. This lack of diversity is contrary to the genius of a free people, and is contrary to the vision of Dr. Robert Hayling, D.D.S., who noted the lack of African-American participation in planning for St. Augustine’s 400th commemoration and called for greater participation for our 450th commemoration.

2. No public participation is planned –none at all — citizens are only invited to be spectators. Democracy is not a spectator sport. Local residents, including the President of the Lincolnville Neighborhood Association, have requested time, only to be treated diffidently and with disdain by the United States Department of the Interior.

3. Only a two-hour meeting is set – a “photo op” generally devoid of substance, which borders on waste, fraud and abuse under the Inspector General Act. The pre-meeting on May 24, 2011 discussed a two-day meeting, where real work would be accomplished. DOI officials unilaterally changed this plan. Why?

4. A lunch meeting for federal 450th Commissioners only is set for Markland House – even our four City Commissioners are not invited That is a violation of the Federal Advisory Committee Act (FACA). It is also an insult to our local elected officials, who are not invited as a group to attend.

5. Our 450th Commissioners are not scheduled to meet with our City Commissioners, either to speak or to appear on-stage (other than Mayor Boles, who is an appointed federal 450th Commissioner).

6. A DOI policy adviser claimed that the 450th Commission has “no jurisdiction” to talk about the proposed St. Augustine National Historical Park and National Seashore. No policy adviser is in a position to tell Ambassador Young, Senator Graham, or any other 450th Commissioner (or citizen) what they can talk about, in violation of our First Amendment and FACA rights .

7. The DOI Solicitor is planning to claim that the Commission is “exempt” from FACA because it is an “operational committee.” This is untrue, as the law creating the Commission excluded the Commission only from Section 14(b) of FACA, making clear that FACA covers the Commission.

The United States Department of the Interior is not faithfully executing our laws and is planning a PR disaster with your participation, but presumably without your informed consent.

St. Augustine residents are today contemplating our options – picketing, an Inspector General complaint and a declaratory judgment lawsuit under FACA.

Meanwhile, would you please speak of the need for a St. Augustine National Historical Park and Seashore Act in your opening remarks? See http://www.staugustgreen.com; attachments.

A St. Augustine National Historical Park and Seashore was first proposed 72 years ago last month, by U.S. Senators Claude Pepper and Charles O. Andrews and U.S. Rep. Joseph Hendricks, with support of St. Augustine Mayor Walter Fraser. Our 450th Commission needs to be open to this idea, to protect our history and nature forever, for your grandchildren, and their grandchildren.

I am sure that you will agree that Monday’s St. Augustine 450th Commemoration Commission meeting must focus on the park, (first proposed 72 years ago), allow the public to speak, and treat our local citizens and officials with the respect that we all deserve.

This is our celebration – citizens deserve at least the three (3) minutes we are afforded in local government meetings to speak to our 450th Commissioners on Monday. Failure is not an option.

Thank you.

With kindest regards, I am,

Sincerely,

Ed Slavin

Each solving for different problems while rowing in-sync with others

June 13, 2011

 

Red and Yellow, Black and White- precious in our sight

Charley Groth posts…Understand that I am saying both of these guys I have been exchanging views with are what I would call very good people. They have just been so blinded by the teachings of their religion that they are trapped in it and unable to consider anything beyond Christian dogma.

Roger G Jolley Charley, I’ve been studying this phenomenon of “blindness” across disciplines and many fields of science and have found some insights I deploy as operational conclusions.

In most instances under observation the key factor seems to be ones choice to remain fixated upon one’s narrow, internal narrative and craft conscious conclusions about the “outside” world from that inner-narrative.

Incoming senses are blunted, ignored in favor of pre-determined conclusions…arrived at before the fact.   Some people choose to believe the dialogue in their head under the impression that is thinking…then they don’t believe or trust their own senses and can not see the impact of their actions, utterances or pattern of behavior upon all the others with which one share his or her life.

Another operational factor is, we are all solving different problems from the obvious and visible problem, but we frequently and mistakenly believe others are all doing that same thing we are.  We act and believe differently because despite similar activity, each is solving for a different problem set.

EACH SOLVING FOR DIFFERENT PROBLEMS WHILE ROWING IN-SYNC

We see three street musicians doing the same thing, performing their show with a bucket or violin case at their feet for a cash-gesture.  Each performer is solving for a different problem, one wants to get out of the house and work on some of his arrangements, another needs the money for rent, another is hoping to meet some girls, yet they are all “doing the same thing,” right?

We all watch a football game, there is only one game and many of us, right?  Well, its not that simple.  Each observer is watching their own private game, thinking everyone else is seeing exactly what he or she is seeing.  Yet, each observer is “solving for a different problem set” and is coloring all of their observations from their particular mind set.

The man who has a chance encounter with his ex-wife and new spouse (and his team loses) see’s a different football game from the game a woman see’s, who know’s nothing about the game but is delighted her husband is in such a good mood because his team is winning.

Each and every observer is seeing something different because they are watching out for different things and solving for a different problem set.

“They” are not just control-freaks, authoritarian,  stubborn, or pig-headed and refusing to acknowledge what is standing right in front of them and obvious to you, others are literally processing the same observed information you are getting but using that observation for a different purpose and honestly do not see what you see…until you help them see what you see.  We can agree on the score but we will never agree on what the score means, reality doesn’t work that way…rgj 6.13.11

Government Done Well

September 7, 2010

Having a friendly discussion at City Hall, St. Augustine, Florida.

In these times of heated-up, hyped-up criticism of government it may serve thoughtful Americans to have a brief glance at Government Done Well to remind us why we bother to vote, and why we need the nincompoops who honorably spend their lives serving the people with a government job.

Look first at our system of roads and highways. Government takes tax-dollars and sees to it that safe roads and bridges are built and maintained. There is free, unlimited access with no pay-per-mile fees or check-points to check papers and route-authorization. Generally, traffic has free flow without interference.

You can go where you want using any route you want if you have a car, gas and any toll moneys needed. Regulation is exclusively related to public safety; the safe and smooth flow of traffic. Highway Police issue traffic tickets to encourage speeders to slow down and also serve as emergency response when drivers collide and crash.

These professional police officers protect us from thoughtless, drunken killers who put others at risk driving when they are impaired. We all know someone who did this during the Labor Day Holiday. Could my friend be a killer, could I…could you use bad judgment that kills another?

Best of all, anyone can use these roads to help them make money, with no business-tax attached to each and every transaction. Imagine paying every trip for the business-use of the Highways (a charge for each tiny increment, the standard business model of Industrial/Commercial America) as you drive to your low-paid job with no benefits.

Now look at the system of Money. That $20 bill USD is happily spent by a Palestinian, an Israeli, a terrorist thug, a government agency, a street musician or an industrial plant manager…or…You. People with extreme personal, religious and political disagreements all use cash, it’s a system we can all use.

Violent-extremist (Terrorist), Owners, Labor and children all happily share this abstract system of paper-money with little regulation on the spender who stands in a grocery store choosing what candy bar to purchase. Mom can regulate here instead of some unknown government decision-maker hidden from view.

In these two descriptions we see government done relatively well and people exercising impressive freedom with nearly no government imposed limit on behavior. In these examples, Government leverages their citizens in minimal ways that are tied exclusively to public safety and the maintenance and operation of the system.

This kind of governance inspires confidence. These government-run systems create jobs and grow prosperity. They allow individuals maximum mobility; social, geographic, economic, and political. These government run systems serve the people in a way that allows maximum self-direction, maximum exercise of freedom with minimum coercion or heedless government-intrusion into YOUR business.

See, Government can be done well with professionalism in place of steadfast, dreadful punishment for being accused of a minor infraction.

So, can we design government operations that work this well in other areas of concern? What candidate or office holder is showing you how this can be done? What political campaigns are demonstrating this kind of professionalism, which are pushing people’s angry button?

by…Roger Jolley, September 6, 2010, St. Augustine, Florida

Working together through a storm opposition

January 30, 2010

This is what the modern pragmatist is faced with: we must draw the conclusion and treat as a norm a storm of bitter and venal opposition over the most minor issue, event, affair or idea that may come up.

Anything we say or write will whip up a storm of opposition, and occasionally praise, yet if men and women of good will are to work together to find solutions to the complex and vexing problems of the day, we must find deeper ways to relate and work together to weather those storms and grow closer to those nay-sayers, back-stabbers and gossips we call colleagues, neighbors, family and friends.

Therefore our operating principle must be to take these seas and storms into account and still chart a course that allows our personal ship of state to remain sea-worthy and God-willing, fiscally sound…thats “solvent,” money in your pocket for all you accounting or finance students.

If we experience a base signal or white-noise level of mental discontent and troubled relationships, then only extreme variance or pent-up dramatic or socially explosive expressions  stand out as triggering devices that deliver a cascade of emotions and mental imagery connecting a trivial incident to a truck-load of mental baggage.  Its the baggage that matters, the trigger is almost a favor because it brings the real problems to light.

Yet despite the urge to throttle the idiot who keeps saying ‘no, it can’t be done,’ or  ‘you’ll never amount to anything,’  we must find ways to smile and accept the trivial things that would stand in the way of achieving operating efficiency and a strong personal commitment to solvent, self-sustaining operations…the noise of opposition would stand in our way if…we allowed ourselves to get side-tracked with trivial matters of annoyance.   Can you afford to be annoyed with the people you need?

As St. Augustine was faced in 1995-96 with wide-spread ignorance about what the legal situation was with street-performers and the city, every effort I made to get artist, performers or the general public involved spurred as many letters against me or ideas I had advanced as they did letters about what the powerful people of St. Augustine were doing to the weakest and most vulnerable.

Yet, as the “crowd” became more vocal, and more people engaged, out of this apparent chaos, dozens of advocates began to work their own campaign.  Our efforts created one group of the 19 most prominent and successful artist and performers.  immediately, 6 or 7 other groups were formed…all of which worked wonders against each other.  Crowd-sourcing is now understood as a powerful public-decision process though almost every government official prefers control and coercive processes.

Navigating your issue, your career or your marriage through this storm of opposition and scant praise takes nerves of steel, you may have to toughen-up and learn to cope without over-reacting (if you notice or react, you are over-reacting, most of it you can just let-it-go) so remember who you are and what you are about and to quote a famous Admiral, “Damned the torpedoes, full steam ahead!”

People United-Community Mobilization- meeting in 1 hour.

January 28, 2010

Today, our Face Book site posted the video of St. Augustine and St. John’s County’s 2010 celebration of Dr. King and to memorialize the Marchers of 1963 and 1964 who helped the nation see the need for the Civil Rights Act of 1964.

I encourage those of you on FB to search for the International Chamber of Justice Inc.  As I sit here preparing to walk down to the church I am thinking of the words of Rev. Hardy speaking on behalf of  St. Augustine and St. Johns County.

There were not as many attending this year and I’ve already noted the marchers were not singing this year, not even as they entered the old slave market.

I wonder if some believe Civil Rights are now protected and the struggle is over.  If the struggle is over, all is left is to remember and attend an annual event, eating breakfast with those who are currently using police power to violate civil rights not withstanding our idea that the struggle is over.

The struggle is not over.  Jim Crow abides at City Hall and the Courthouse and our new organization proposes not to oppose and overcome them but to seek dialog and discussion and finally resolve what I feel now are silly disagreements that at the time seemed to make perfect sense…for the times.

We must acknowledge what went on here and what is going on now, but not dwell on it or seek to embarrass anyone, but move on together not as Black people or White people, the Chamber of Justice has a vision of One People, the Global Human Family; all we see are people…please leave your adjectives at the door;-)