A less government conservative Republican from Livingston County, MI
Opinions on this blog are those of the author and do not necessarily represent the opinions of the Livingston County Republican Party.
Libertarian candidate James Weeks II is organizing a rally to protest a Brighton teenager getting ticketed and fined for swearing in downtown Brighton.
Weeks, who is running for the 8th Congressional District, is calling his event the “This is f------ bulls---” rally.
The
rally will be held noon to 3 p.m. on May 31 next to the Imagination
Station playground, where the Colin Andersen was ticketed.
This is a cheap publicity stunt for a political candidate who got 3.7% in his race for state rep in 2012 against Cindy Denby. He's now running for Congress, and I expect similar results.
I titled this "Bigmouths vs Action" for a reason. This rally isn't about free speech, nor about Colin Andersen. It's about James Weeks II getting in the papers. Weeks is taking the bigmouth route. Bullshit is one of my favorite words in the English language, especially when it comes to politics. It certainly applies here. Livingston County isn't a friendly county for protests in most cases. Calling a rally a f'ing bullshit rally while apt, isn't going to get a lot of support for either his campaign, nor do much for the legitimate cause of free speech. This will do nothing to help Colin Andersen, and may in fact hurt him.
Again, Andersen should not have gotten a ticket. He shouldn't have swore in that situation, but shouldn't have gotten a ticket for it. It shouldn't have been a legal matter.
If Lewis wants to really made a stand for free speech, he should raise money and offer to pay for Andersen's appeals, should he decide to go that route. That would be effective, teach the police a lesson, won't alienate the public, and make an impact for free speech and overzealous police powers.
Swear in downtown Brighton near the Imagination Station playground, and there’s a good chance you’ll be getting a ticket.
Colin Andersen learned this lesson the hard way.
Upset
that his friend had been ticketed for skateboarding in downtown
Brighton and told to leave, Andersen said he was simply venting when he
said, “This is f------ bull----.”
The
19-year-old Brighton resident was hanging out with his friends on a
sunny April day in a parking lot next to the pavilion and Imagination
Station; Andersen said he swore under his breath and no children heard
him.
However, a Brighton Police Department officer heard him and issued him a ticket for disorderly conduct.
“What
got me to start arguing a little bit, they were asking all of us to
leave because he got a ticket,” Andersen said. “That’s not fair. We’re
just standing around.”
Brighton
Police Chief Tom Wightman said it’s OK for teenagers to hang out
downtown, and the city doesn’t have a law prohibiting certain words.
“That’s
fine if they want to behave and use the facility like anybody else,”
Wightman said. “It’s when they misbehave (that) it becomes an issue.
We’re going to be watching.”
Wightman
said the playground is popular, especially with families and young
children. Sometimes, police are called due to teenagers or young adults
acting disorderly.
“That’s what gets on our radar, their behavior,” he said.
Wightman said teenagers hanging out downtown is an “ongoing issue.”
I'm not going to defend the actions themselves. I swear a bit, and in politics use the word bullshit all the time on this blog. It's a great word because it describes so much of what's out there that just can't be covered by other words with the same meaning. I tend to avoid that word in front of it here and don't "F'ing swear" in front of women and children. Time, place, and manner. I also don't use it in professional settings. I wouldn't have used it if I am in a similar situation as Andersen here, today. I'm also 35 years old instead of 19. At 19, I probably would have gotten the ticket and would have said the same thing. I never was (and still am not) that respectful of authority. That's why I'm not a democrat.
There's also a difference between disapproving of a behavior and using government sanctions against the behavior.
Andersen said this was the first ticket he’s ever received; he said he doesn’t even have a speeding ticket.
Andersen
fought the ticket but lost when he went before a Livingston County
District Court magistrate to present his side of what happened. He was
fined $200.
Andersen
said he doesn’t think it was right to issue him a ticket without a
warning. If he had been warned, he would have listened to the officer.
“I would have respected his authority,” he said.
At the hearing, Andersen said the police testified they had given him a warning, something he denies happened.
The infamous informal hearing. The judge/magistrate hears what the cop says and hears what you say. He knows the cops well because he always sees him in court at informal hearings. He likely believes the cop's version. He may or may not believe you. As soon as he said that he swore under his breath, he lost. Informal hearings are like the Judge Joe Brown show (arbitration), not an actual trial. This is a civil infraction with broader rules as well that are not in a defendant's favor. The cops says he gave a warning. I don't know if that's true. It wouldn't be the first time a cop lied in court. Maybe he lied. Maybe he didn't. I wasn't there. Cops tend to have zero patience with a friend of someone ticketed, arrested, or detained.
Before I got my State Bar Association Pnumber, I got a car accident ticket when I was rear-ended. It was for "unable to stop with assured clear distance." I lost in an informal hearing after the East Lansing PD lied in court. Judge David Jordon, now retired (thank God) sided with the cop. I would have argued it much differently today than I did then. Again, that was before I got the P number. First off, I'd always take the formal hearing and deal with attorneys, not the informal hearing with only cops and a district judge or magistrate.
What I don't know is what the exact ordinance Andersen was accused of violating. He might have been screwed just for getting the cop's attention in a "parking lot". There's two "Disorderly Conduct" ordinances listed on the City of Brighton's website. One has to do with parking lots.
Sec. 54-104. Disorderly conduct at parking lots.
(a)Purpose. Because the city council is
convinced of the ever present danger to the safety of persons using the public
parking lots located in the city, it is the objective of the city to prevent
injuries to persons using the public parking lots. Accordingly, in order to
avoid accidents resulting in personal injuries and property damage, and thereby
protect the health, safety and welfare of all individuals using the public
parking lots, the council wishes to prohibit the use of public parking lots
situated in the city for any purpose other than for the parking of motor vehicles
and for purposes incident thereto and for the purpose of serving pedestrian
traffic to and from points outside of said parking lots. This section is not
intended to limit the intent or the effect of this article.
(b)Conduct
prohibited. No person shall:
(1)Conduct himself in any parking lot so as to
create a hazard to himself or others who are using the public parking lot.
(2)Use such parking lot
for any purpose other than the parking of a motor vehicle, or the movement of
such motor vehicle incident thereto, or travelling to and from such motor
vehicle, or traversing such parking lot on foot or bicycle from and to points
outside of said parking lot.
(c)Any person found to violate this section shall be guilty of a civil
infraction and shall be punished by a fine(s) as set forth in section 1-16(b).
(Code 1981, § 121.3; Ord. No. 482,
§ I, 7-17-03)
If this was a swearing charge, it'd likely get tossed out after the infamous Rifle River case which was unconstitutionally vague. This might be argued on those grounds, but this is a little different of an ordinance. However, it looks like Andersen got the ticket because he said that the cop's ticket to his friend was "F'ing bullshit". He said that and the chief of police didn't disagree with that leading to the ticket.There is a lot that could be tossed out in court. It's not fought because a lot of these are civil infractions or smaller misdemeanors. It costs less money to not fight these than it does to get an attorney and fight these in a formal hearing. It's less headache. No time has to be taken off from work by paying the fines. There's no attorney fees which will be much more than $200.
I don't like catch all ordinances (ie....the annoy law, even disorderly
conduct) and they should often be fought on vagueness grounds among
others. Law should be specific, clear, and easy to understand.
He shouldn't have sworn at the cop, even if the ticket to his friend is "F'ing bullshit." He's not going to help his friend that way and he got the cop's attention. There may have been women and kids that heard that. At 19, he's supposed to be an adult. Should that have deserved a disorderly conduct for that? I don't think so. I don't the road that goes down. Not everything should be a legal matter.
LANSING, Mich. (AP) — Michigan's local governments would have the option
to put cameras at intersections to spot drivers running red lights under
proposed legislation in the state House.
A measure recently
introduced by Republican Rep. Wayne Schmidt of Traverse City would give
local communities the power to put cameras in place.
This isn't safety. This is about revenue enhancement. I learned that from experience. I despise these cameras from personal experience.
I got a $100 red light camera ticket from Chicago in the mail today. One
problem. I haven't driven in Illinois, let alone Chicago, in at least
12 years. I also have never driven my current wheels there. The
vehicle's license plate was off by one letter (Which I can tell even on
the red light camera picture sent to me). It was a different vehicle
from Michigan. I won't post pictures but you can bet your arse that I'll
be sending a nice file to Sh-tcago (gave up swearing for Lent) to
contest this piece of trash. They got the wrong car.
I'm even more insulted that they sent a picture of a foreign car to me
and claim that it was my car. Anyone that knows me knows I drive Fords,
not Scion. My family would disown me otherwise The picture of the
vehicle was a Scion XD. I drive a older truck based Ford Explorer. There
is a big difference. M and N are different letters. Fords and Scions
are different vehicles. One quick license plate cross check should have
handled that.
I got a letter last week with the ticket dismissed. I would have gone to Chicago to fight this if I had to. This is guilty till proven innocent measure. For one thing, cars don't run red lights. Drivers do. These cameras don't send pictures to drivers, but to license plates they think they have. Sometimes, they get the wrong one. I know! I know! In order to beat this ticket, I had to:
A. Prove that I wasn't the owner of the car that ran the light.
B. Prove that the license plate wasn't of my car.
C. Send the information taking time out of my day to fight something I didn't do.
D. Cough up about $10 in postage and printing costs (Certified mail to make sure they received it).
That is because people didn't read a license plate properly, nor check which VEHICLE is licensed on the DMV, although they did enough work to find an address to try and get their $100, that's for sure.
If a cop is there instead of a camera, they can ding the driver. They will see who drove the car and give the driver a ticket whether or not, it is the car's owner. Cameras don't do that and open things up for a long list of abuses.
Warning - Some language in the Blues Brothers clip.
I got a $100 red light camera ticket from Chicago in the mail today. One problem. I haven't driven in Illinois, let alone Chicago, in at least 12 years. I also have never driven my current wheels there. The vehicle's license plate was off by one letter (Which I can tell even on the red light camera picture sent to me). It was a different vehicle from Michigan. I won't post pictures but you can bet your arse that I'll be sending a nice file to Sh-tcago (gave up swearing for Lent) to contest this piece of trash. They got the wrong car.
I'm even more insulted that they sent a picture of a foreign car to me and claim that it was my car. Anyone that knows me knows I drive Fords, not Scion. My family would disown me otherwise The picture of the vehicle was a Scion XD. I drive a older truck based Ford Explorer. There is a big difference. M and N are different letters. Fords and Scions are different vehicles. One quick license plate cross check should have handled that.
I wouldn't expect anything less than incompetence or a moneygrab attempt from the city that gave us Al Capone, Barack Obama, the Daley family, Dan Rostenkowski, Sam Giancana, Fred Roti (A Mobster who was a city alderman which lead the push for the gun ban), Pat Marcy, Jesse Jackson, Mel Reynolds, Rod Blagojevich, Rahm Emanuel, Daniel Walker, and Otto Kerner. Many of them are or have been jailbirds at some point. It's called C(r)ook County, Illinois(e) for a reason. Half of the pols there seem to end up in the big house.
The Ann Arbor Police Department has been very busy this past year.
According to an e-mail written by Deputy Chief Greg O'Dell, the patrol division has just about doubled the total traffic tickets it wrote in the just completed fiscal year. The total number of tickets went from 9,967 to 19,080.
But it's not just writing tickets. The police also have increased the number of traffic stop warnings, in which people are pulled over but not ticketed, from 3,667 to 5,308. Police also saw an increase of 58 percent in total code violations from 899 to 1,420. Code violations are misdemeanors such as disorderly conduct.